================================================================================
FORM 8-K
CURRENT REPORT
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED) APRIL 12, 2004
COMMISSION REGISTRANT; STATE OF INCORPORATION; IRS EMPLOYER
FILE NUMBER ADDRESS; AND TELEPHONE NUMBER IDENTIFICATION NO.
----------- ----------------------------------- ------------------
1-9513 CMS ENERGY CORPORATION 38-2726431
(A MICHIGAN CORPORATION)
ONE ENERGY PLAZA
JACKSON, MICHIGAN 49201
(517) 788-0550
ITEM 5. OTHER EVENTS
SALE OF LOY YANG
On April 12, 2004, CMS Energy Corporation (CMS Energy) issued a news release
announcing that it and its partners closed on the sale of the 2,000-megawatt Loy
Yang power plant and adjacent coal mine. The news release is attached as an
exhibit hereto.
ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS
(c) EXHIBITS
99. CMS Energy's News Release dated April 12, 2004
This Form 8-K and the News Release contain "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 "FORWARD-LOOKING STATEMENTS AND RISK FACTORS" found
in the MANAGEMENT'S DISCUSSION AND ANALYSIS section of CMS Energy's Form 10-K
for the Fiscal Year Ended December 31, 2003 (incorporated herein by reference),
that discusses important factors that could cause CMS Energy's results to differ
materially from those anticipated in such statements.
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the
Registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
CMS ENERGY CORPORATION
Dated: April 14, 2004
By: /s/ S. Kinnie Smith, Jr.
-----------------------------
S. Kinnie Smith, Jr.
Vice Chairman of the Board
and General Counsel
EXHIBIT INDEX
-------------
EXHIBIT NO. DESCRIPTION
----------- -----------
99 CMS Energy's News Release dated April 12, 2004