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) June 4, 2009
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Commission |
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Registrant; State of Incorporation; |
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IRS Employer |
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Address; and Telephone Number |
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Identification No. |
1-9513
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CMS
ENERGY CORPORATION
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38-2726431 |
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(A Michigan Corporation) |
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One Energy Plaza |
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Jackson, Michigan 49201 |
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(517) 788-0550 |
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1-5611
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CONSUMERS
ENERGY COMPANY
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38-0442310 |
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(A Michigan Corporation) |
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One Energy Plaza |
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Jackson, Michigan 49201 |
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(517) 788-0550 |
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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:
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b)) |
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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 Corporations (CMS Energy) management will be meeting with investors on Thursday and
Friday, June 4-5, 2009. A copy of the CMS Energy handout is furnished as Exhibit 99.1 to this
report. In addition, the president and chief operating officer of Consumers Energy Company,
principal subsidiary of CMS Energy, will participate in a panel discussion at the Citi Power, Gas
and Utilities Conference on Thursday, June 4. The 45-minute panel discussion entitled, Managing
Regulatory Risk in a Recessionary Environment, is scheduled to start at 2:30 p.m. EDT. A webcast
of the discussion will be available on the CMS Energy website, www.cmsenergy.com.
In accordance with General Instruction B.2 of Form 8-K, the information in this Current Report on
Form 8-K, Item 7.01, 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
(d) Exhibits.
99.1 CMS Energy handout dated June 2009
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 FORWARD-LOOKING STATEMENTS AND INFORMATION and RISK
FACTORS each found in the MANAGEMENTS DISCUSSION AND ANALYSIS sections of CMS Energy
Corporations (CMS Energy) Form 10-K and Consumers Energy Companys (Consumers) Form 10-K each
for the Year Ended December 31, 2008 and as updated in CMS Energys Form 10-Q and Consumers Form
10-Q each for the Quarter Ended March 31, 2009. CMS Energys and Consumers FORWARD-LOOKING
STATEMENTS AND INFORMATION and RISK FACTORS sections are incorporated herein by reference and
discuss important factors that could cause CMS Energys and Consumers results to differ materially
from those anticipated in such statements.