1 ================================================================================ FORM 8-K CURRENT REPORT SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED) MAY 1, 2000 COMMISSION REGISTRANT; STATE OF INCORPORATION; IRS EMPLOYER FILE NUMBER ADDRESS; AND TELEPHONE NUMBER IDENTIFICATION NO - ----------- ----------------------------------- ----------------- 1-9513 CMS ENERGY CORPORATION 38-2726431 (A MICHIGAN CORPORATION) FAIRLANE PLAZA SOUTH, SUITE 1100 330 TOWN CENTER DRIVE DEARBORN, MICHIGAN 48126 (313) 436-9261 1-5611 CONSUMERS ENERGY COMPANY 38-0442310 (A MICHIGAN CORPORATION) 212 WEST MICHIGAN AVENUE JACKSON, MICHIGAN (517) 788-1030 ================================================================================ 2 ITEM 5. OTHER EVENTS. On May 1, 2000, CMS Energy Corporation issued a press release announcing its earnings for the first quarter 2000. The press release also announced (a) the decision not to proceed with the issuance of a tracking stock representing a financial interest in its electric and gas utility subsidiary, Consumers Energy Company, (b) the intent to pursue an additional $700 million of proceeds and debt reduction from asset sales, (c) the intent to maintain the annual rate of the CMS Energy common stock dividend at $1.46 and (d) the repurchase of 6.6 million shares of CMS Energy common stock following the February 1, 2000 announcement of a 10 million share repurchase program and through April 2000. CMS Energy also announced today that in April 2000 Consumers Energy and the Association of Businesses Advocating Tariff Equity (ABATE) agreed that given the uncertainty of whether and when the Michigan legislature would enact electric restructuring legislation, the ABATE rate complaint would be allowed to proceed without further delay. The MPSC scheduled hearings to resume this month. This press release contains "forward-looking statements" that are subject to risks and uncertainties. The words "anticipates", "believes", "estimates", "expects", "intends", and "plans", and variations of such words and similar expressions, are intended to identify forward looking statements. They should be read in conjunction with the "Forward-Looking Statements Cautionary Factors" in CMS Energy's and Consumers' Form 10-K, Item 1 (incorporated by reference herein) that discusses important factors that could cause CMS Energy's and Consumers' results to differ materially from those anticipated in such statements. ITEM 7. EXHIBITS. (c) Exhibits: 99(a) - CMS Energy Corporation Press Release dated May 1, 2000. 3 SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrants have duly caused this report to be signed on their behalf by the undersigned hereunto duly authorized. CMS ENERGY CORPORATION Dated: May 1, 2000 By: /s/ Alan M. Wright ---------------------------- Alan M. Wright Senior Vice President and Chief Financial Officer CONSUMERS ENERGY COMPANY Dated: May 1, 2000 By: /s/ Alan M. Wright ---------------------------- Alan M. Wright Senior Vice President and Chief Financial Officer 4 INDEX TO EXHIBITS EXHIBIT NO. DESCRIPTION ----------- ----------- (c) Exhibits: 99(a) - CMS Energy Corporation Press Release dated May 1, 2000.