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EX-99.1 - EX-99.1 - CONSUMERS ENERGY COk50339exv99w1.htm
 
 
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) April 28, 2011
         
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    
         
1-5611   CONSUMERS ENERGY COMPANY   38-0442310
    (A Michigan Corporation)    
    One Energy Plaza    
    Jackson, Michigan 49201    
    (517) 788-0550    
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 2.02. Results of Operations and Financial Condition.
On April 28, 2011, CMS Energy Corporation (“CMS Energy”) issued a News Release, in which it announced its results for the first quarter of 2011 and reaffirmed its guidance for 2011 adjusted earnings. Attached as Exhibit 99.1 to this report and incorporated herein by reference is a copy of the CMS Energy News Release, furnished as a part of 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       CMS Energy Corporation News Release dated April 28, 2011
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” 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, 2010. CMS Energy’s and Consumers Energy’s “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.

 


 

SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrants have duly caused this report to be signed on their behalf by the undersigned hereunto duly authorized.
                 
        CMS ENERGY CORPORATION    
 
               
Dated: April 28, 2011
      By:   /s/ Thomas J. Webb
 
Thomas J. Webb
   
 
          Executive Vice President and    
 
          Chief Financial Officer    
 
               
        CONSUMERS ENERGY COMPANY    
 
               
Dated: April 28, 2011
      By:   /s/ Thomas J. Webb
 
Thomas J. Webb
   
 
          Executive Vice President and    
 
          Chief Financial Officer    

 


 

Exhibit Index
99.1       CMS Energy Corporation News Release dated April 28, 2011