8-KRegulation FDExhibits & Filings

CMS ENERGY CORP 8-K Report, Regulation FD Disclosure (Sep 10, 2009)

Filed September 10, 2009For Securities:CMSCMS-PCCMSACMSCCMSD

Summary

CMS Energy Corporation (CMS) filed this Form 8-K on September 10, 2009, to disclose information presented to investors at the Barclays Capital CEO Energy/Power Conference. The filing primarily serves to furnish a handout document (Exhibit 99.1) and announce a company overview presentation by the CFO, Tom Webb, scheduled for the same day. This report is not intended to be considered "filed" with the SEC for liability purposes under Section 18, but rather to comply with Regulation FD regarding public disclosures. Investors reviewing this report should note that it is a disclosure of information being presented to the investment community during a conference. The company also cross-references previous SEC filings (10-K and 10-Q for CMS Energy and Consumers Energy) for a comprehensive understanding of forward-looking statements and associated risks. This means that for a full picture of CMS Energy's outlook and potential risks, investors should consult those previously filed documents.

Key Highlights

  • 1CMS Energy Corporation (CMS) filed an 8-K on September 10, 2009.
  • 2The filing announces investor meetings at the Barclays Capital CEO Energy/Power Conference.
  • 3A company handout (Exhibit 99.1) related to the conference is furnished.
  • 4CMS Energy's CFO, Tom Webb, was scheduled to give a company overview presentation on September 10, 2009.
  • 5A webcast of the CFO's presentation was to be available on the CMS Energy website.
  • 6The information in this 8-K is furnished under Regulation FD and not deemed "filed" for Section 18 liability.
  • 7Forward-looking statements within the report are subject to risks and uncertainties, with references to detailed risk factors in prior 10-K and 10-Q filings.

Frequently Asked Questions

The main purpose of this Form 8-K is to disclose information that CMS Energy Corporation's management presented to investors at the Barclays Capital CEO Energy/Power Conference on September 10, 2009. It includes a furnished handout and announces a presentation by the CFO.

No, this filing does not contain new financial results or specific operational updates. It primarily serves as a disclosure vehicle for information shared during investor meetings and references previous filings for detailed financial and risk information.

The filing explicitly states that for a comprehensive understanding of forward-looking statements and associated risks, investors should refer to the "MANAGEMENT’S DISCUSSION AND ANALYSIS" sections of CMS Energy Corporation's and Consumers Energy Company's Form 10-K for the year ended December 31, 2008, and their respective Forms 10-Q for the quarters ended March 31, 2009, and June 30, 2009.

No, in accordance with General Instruction B.2 of Form 8-K, the information furnished under Item 7.01 (Regulation FD Disclosure), including Exhibit 99.1, is not deemed "filed" for the purposes of Section 18 of the Securities Exchange Act of 1934, nor is it subject to the liabilities of that section.