8-KLeadership Changes

CMS ENERGY CORP 8-K Report, Executive Changes (Dec 3, 2007)

Filed December 3, 2007For Securities:CMSCMS-PCCMSACMSCCMSD

Summary

CMS Energy Corporation (CMS) filed an 8-K on December 3, 2007, primarily to disclose a change in directorship. Philip R. Lochner Jr. resigned from the Board of Directors of Consumers Energy Company, the principal electric utility subsidiary. However, Mr. Lochner will continue to serve on the Board of Directors for the parent company, CMS Energy. The resignation was a strategic move to address potential regulatory concerns regarding interlocking directorates, specifically with his position on the Board of Crane Co. Crane Co. has had minor sales of equipment to Consumers Energy, which could be subject to Federal Energy Regulatory Commission (FERC) oversight. Mr. Lochner has applied for FERC authorization, and if granted, he intends to seek reappointment to the Consumers Energy Board.

Key Highlights

  • 1Philip R. Lochner Jr. resigned from the Consumers Energy Company Board of Directors effective November 28, 2007.
  • 2Mr. Lochner remains a director of the parent company, CMS Energy Corporation.
  • 3The resignation is to resolve potential FERC concerns related to interlocking directorates with Crane Co.
  • 4Crane Co. has had minimal historical sales to Consumers Energy (approx. $12,500 in 2005-2006).
  • 5Mr. Lochner has applied to the FERC for authorization of his dual board positions.
  • 6If FERC authorization is granted, Mr. Lochner plans to seek reappointment to the Consumers Energy Board.

Frequently Asked Questions

Mr. Lochner resigned from the Consumers Energy Board to avoid any uncertainty regarding required authorizations by the Federal Energy Regulatory Commission (FERC) for his interlocking directorate positions, stemming from his directorship at Crane Co.

Yes, Mr. Lochner will continue to serve as a director on the Board of the parent company, CMS Energy Corporation.

The issue is related to interlocking directorates. Mr. Lochner serves on the board of Crane Co., which has had small sales of equipment to Consumers Energy. This could be classified as electrical equipment by the FERC, requiring authorization for his dual board roles.

No, the filing indicates that Mr. Lochner has filed an application with the FERC seeking authorization. The outcome of this application is pending.