8-KOther Events

CMS ENERGY CORP 8-K Report, Corporate Update (Dec 23, 2005)

Filed December 23, 2005For Securities:CMSCMS-PCCMSACMSCCMSD

Summary

CMS Energy Corporation (CMS), through its subsidiary Consumers Energy Company, reported on December 22, 2005, via an 8-K filing, significant developments from the Michigan Public Service Commission (MPSC) concerning rate-related matters. The MPSC issued three key orders that will impact the company's financial performance and regulatory landscape. Most notably, the MPSC authorized an $86 million annual increase in base electric rates for Consumers Energy, a figure lower than the initially requested $112 million, and set a return on equity at 11.15%. The commission also approved the recovery of approximately $333 million in regulatory assets through a five-year surcharge plan. However, a temporary order reduced Consumers' power supply cost recovery (PSCR) factors for 2006, which is expected to negatively affect cash flow pending a final order and reconciliation.

Key Highlights

  • 1MPSC authorized an $86 million annual increase in base electric rates for Consumers Energy, falling short of the $112 million requested.
  • 2The authorized return on equity for Consumers Energy was set at 11.15%.
  • 3Consumers Energy is permitted to recover $333,395,000 in regulatory assets through surcharges over a 5-year phase-in plan.
  • 4A temporary order from the MPSC reduced Consumers' 2006 Power Supply Cost Recovery (PSCR) factors, which is expected to negatively impact cash flow.
  • 5The MPSC mandated that generation-related costs be allocated to full service customers, effectively ceasing to be stranded costs.
  • 6Consumers Energy must file redesigned electric rates by January 10, 2006, and is ordered to file a new rate case no later than July 1, 2008.
  • 7The company is required to contribute $27 million to the Low Income and Energy Efficiency Fund.

Frequently Asked Questions

The MPSC authorized an $86 million annual increase in base electric rates, which is less than the $112 million Consumers Energy had requested. This will impact the company's revenue and profitability going forward.

Consumers Energy is allowed to recover $333,395,000 in regulatory assets through surcharges over a five-year period. The recovery is phased in, with 10% in the first year, 15% in the second, and 25% in each of the subsequent three years.

The temporary reduction in Consumers' 2006 Power Supply Cost Recovery (PSCR) factors by the MPSC is expected to have a negative impact on the company's cash flow. The final order and an annual reconciliation process will determine the ultimate recovery of these costs.

Consumers Energy is required to file redesigned rates consistent with the electric rate order by January 10, 2006. Additionally, the company must file a new rate case no later than July 1, 2008.