8-KRegulation FDExhibits & Filings

CMS ENERGY CORP 8-K Report, Regulation FD Disclosure (Aug 17, 2009)

Filed August 17, 2009For Securities:CMSCMS-PCCMSACMSCCMSD

Summary

CMS Energy Corporation (CMS) filed an 8-K on August 17, 2009, primarily to disclose that its management would be meeting with investors on August 17-18, 2009. A handout provided to investors during these meetings is furnished as an exhibit to this report. The filing does not contain new financial results but serves as a communication vehicle for management to discuss the company's business and outlook with the investment community. Investors should note that this report, including the furnished exhibit, is subject to Regulation FD and is not considered "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, meaning it does not carry the same liability as a formally filed document. However, the company emphasizes that any forward-looking statements made in conjunction with these investor meetings are subject to risks and uncertainties, and investors are advised to review the risk factors and forward-looking statements sections within the company's previously filed 10-K and 10-Q reports.

Key Highlights

  • 1CMS Energy Corporation (CMS) held investor meetings on August 17-18, 2009.
  • 2The 8-K filing serves to provide the investor handout (Exhibit 99.1) related to these meetings.
  • 3Information furnished under Regulation FD is not deemed "filed" for Section 18 liability.
  • 4Forward-looking statements made during investor meetings are subject to risks and uncertainties.
  • 5Investors are directed to review existing 10-K and 10-Q filings for detailed risk factors and forward-looking statements.
  • 6The filing also includes Consumers Energy Company as a co-registrant.

Frequently Asked Questions

The primary purpose of this 8-K filing is to disclose that CMS Energy's management was conducting investor meetings on August 17-18, 2009, and to furnish the handout document provided to investors during these meetings as an exhibit.

No, this 8-K filing does not present new financial results or specific operational updates. Its focus is on facilitating communication with investors via the provided handout and referencing previously filed documents for detailed information and risk factors.

Information furnished under Regulation FD, as stated in this filing, is not considered 'filed' for the purposes of Section 18 of the Securities Exchange Act of 1934. This means the company generally has less liability associated with its content compared to formally filed reports, though it is still important for investors to review.

The filing directs investors to review the 'FORWARD-LOOKING STATEMENTS AND INFORMATION' and 'RISK FACTORS' sections within CMS Energy's and Consumers Energy Company's Form 10-K for the year ended December 31, 2008, and their updated Forms 10-Q for the quarters ended March 31, 2009, and June 30, 2009, for a comprehensive understanding of potential risks and factors affecting future performance.