UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF
THE SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of earliest event reported) October 30, 2009
| |
|
|
|
|
Commission
File Number
|
|
Registrant; State of Incorporation;
Address; and Telephone Number
|
|
IRS Employer
Identification No. |
|
|
|
|
|
|
| 1-9513
|
|
CMS
ENERGY CORPORATION
(A Michigan Corporation)
One Energy Plaza
Jackson, Michigan 49201
(517) 788-0550
|
|
38-2726431 |
| |
|
|
|
|
| 1-5611
|
|
CONSUMERS
ENERGY COMPANY
(A Michigan Corporation)
One Energy Plaza
Jackson, Michigan 49201
(517) 788-0550
|
|
38-0442310 |
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the
filing obligation of the registrant under any of the following provisions:
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Item 7.01 Regulation FD Disclosure.
CMS Energy Corporation’s (“CMS Energy”) management will meet with investors at the Edison Electric
Institute Financial Conference (“Conference”) beginning Sunday, November 1, 2009. CMS Energy’s
president and chief executive officer and its chief financial officer will provide a business and
financial outlook (“Presentation”) at the Conference on Tuesday, November 3 beginning at 8:15 am
EST. A webcast of the Presentation will be available at the CMS Energy website, www.cmsenergy.com.
A copy of the CMS Energy Presentation is furnished as Exhibit 99.1 to this report.
In accordance with General Instruction B.2 of Form 8-K, the information in this Current Report on
Form 8-K, including Exhibit 99.1, shall not be deemed “filed” for the purposes of Section 18 of the
Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities of that
section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of
1933, as amended, except as shall be expressly set forth in such a filing.
Item 9.01 Financial
Statements and Exhibits.
(d) Exhibits.
99.1 Presentation of CMS Energy for the Conference
This Form 8-K contains “forward-looking statements” as defined in Rule 3b-6 of the Securities
Exchange Act of 1934, as amended, Rule 175 of the Securities Act of 1933, as amended, and relevant
legal decisions. The forward-looking statements are subject to risks and uncertainties. They
should be read in conjunction with “MANAGEMENT’S DISCUSSION AND ANALYSIS — FORWARD-LOOKING STATEMENTS AND INFORMATION” and “RISK FACTORS”
sections of CMS Energy Corporation’s (“CMS
Energy”) Form 10-K and Consumers Energy Company’s (“Consumers Energy”) Form 10-K each for the Year
Ended December 31, 2008 and as updated in CMS Energy’s and Consumers Energy’s Forms 10-Q for the
Quarters Ended March 31, 2009, June 30, 2009, and September 30, 2009. CMS Energy’s and Consumers
Energy’s “MANAGEMENT’S DISCUSSION AND ANALYSIS — FORWARD-LOOKING STATEMENTS AND INFORMATION” and “RISK FACTORS” sections are incorporated
herein by reference and discuss important factors that could cause CMS Energy’s and Consumers
Energy’s results to differ materially from those anticipated in such statements.