8-KRegulation FD

CMS ENERGY CORP 8-K Report, Regulation FD Disclosure (May 28, 2008)

Filed May 28, 2008For Securities:CMSCMS-PCCMSACMSCCMSD

Summary

CMS Energy Corporation (CMS) filed an 8-K on May 28, 2008, primarily to disclose information regarding its participation in the Deutsche Bank Energy and Utilities Conference. The company's executive vice president and chief financial officer was scheduled to present an overview of CMS Energy on May 29, 2008. Investors interested in the company's latest perspectives and forward-looking statements were directed to a webcast of this presentation, which was also to be accompanied by a slide presentation furnished as an exhibit to this filing. The filing emphasizes that the information provided is for disclosure purposes under Regulation FD and is not intended to be formally "filed" with the SEC, meaning it does not automatically incorporate by reference into future SEC filings. However, the company did include standard cautionary language regarding forward-looking statements, directing readers to review the risk factors and forward-looking information detailed in its prior 10-K and 10-Q filings. This 8-K serves as notification of management's engagement with the investment community and the availability of updated company information.

Key Highlights

  • 1CMS Energy Corporation participated in the Deutsche Bank Energy and Utilities Conference on May 28-29, 2008.
  • 2The company's Executive Vice President and CFO presented a company overview at the conference.
  • 3A webcast of the presentation was made available on the CMS Energy website for investor access.
  • 4A slide presentation, dated May 29, 2008, was furnished as an exhibit to the 8-K filing.
  • 5The filing serves as a Regulation FD disclosure, providing information to the public simultaneously.
  • 6Information furnished under Item 7.01 is not deemed "filed" for purposes of Section 18 of the Exchange Act.
  • 7Forward-looking statements made in the presentation are subject to risks and uncertainties, referencing prior SEC filings for detailed information.

Frequently Asked Questions

The main purpose of this 8-K filing is to disclose CMS Energy's participation in the Deutsche Bank Energy and Utilities Conference and to provide investors with access to a company overview presentation and accompanying slides. This is done in accordance with Regulation FD to ensure simultaneous public disclosure of material information.

A webcast of the presentation was available on the CMS Energy website (www.cmsenergy.com). Additionally, the slide presentation used during the conference was furnished as Exhibit 99.1 to this 8-K filing and is available for review.

No, the information furnished in this 8-K, including the presentation, is not deemed 'filed' with the SEC for the purposes of Section 18 of the Securities Exchange Act of 1934, nor is it automatically incorporated by reference into other SEC filings (like registration statements) unless specifically stated in such filings. However, the company did include standard disclaimers about forward-looking statements and refers to the risk factors and forward-looking information in its previous 10-K and 10-Q filings.

This 8-K report was signed by Thomas J. Webb, who serves as Executive Vice President and Chief Financial Officer for both CMS Energy Corporation and Consumers Energy Company.