EXHIBIT 99.1
[CMS ENERGY LOGO] NEWS RELEASE
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CMS ENERGY ISSUES STATEMENT ON AWARD
BY THE INTERNATIONAL CENTRE FOR THE SETTLEMENT
OF INVESTMENT DISPUTES TRIBUNAL
JACKSON, Mich., May 17, 2005 - CMS Energy (NYSE: CMS) issued the following
statement today in regard to the International Centre for the Settlement of
Investment Disputes (ICSID) tribunal's decision on the Company's claim against
Argentina:
- - An ICSID tribunal found in favor of CMS Energy's subsidiary, CMS Gas
Transmission, and awarded compensation in the amount of U.S. $133 million,
plus interest. The interest calculated to date brings the amount of the
award to U.S. $149 million.
- - The tribunal found Argentina violated its treaty obligations, including
its obligations to treat CMS fairly and equitably, under the bilateral
investment treaty between the United States and Argentina. Argentina's
principle action was to change unilaterally the regulatory framework
(including the tariff regime) for Transportadora de Gas del Norte (TGN),
an Argentine gas transportation company in which CMS Gas Transmission owns
a 29.42 percent interest. CMS Gas Transmission's original claim was for
damages in the amount of U.S. $260 million. The award provides that CMS
Energy shall be required to transfer its shares in TGN to Argentina
following payment of the compensation if, by May 12, 2006, Argentina pays
to CMS Energy an additional sum of U.S. $2.15 million.
- - As part of its energy privatization incentives, Argentina gave TGN the
right to calculate tariffs in U.S. dollars then convert them to pesos at
the prevailing exchange rate, and to adjust tariffs every six months to
reflect changes in inflation.
- - Starting in early 2000, Argentina suspended the inflation adjustments. In
December 2001 and January 2002, Argentina unilaterally terminated the
right of gas transportation companies to calculate tariffs in U.S. dollars
and to make inflation adjustments.
- - CMS Gas Transmission began its ICSID arbitration in mid-2001, citing
violations of Argentina's commitments under the bilateral investment
treaty.
- - Although the tribunal found that Argentina's actions reduced the value of
CMS Energy's investment by approximately 95 percent it did not base the
award on expropriation.
- - The tribunal considered - and rejected - Argentina's constitutional
arguments and found that Argentina's constitution expressly mandates the
recognition of international treaty obligations and compliance with those
obligations.
- - The tribunal also examined Argentina's claim that its actions were
justified by an economic emergency and concluded that didn't excuse
Argentina from liability.
- - The ICSID arbitration process, which is conducted under the auspices of
the World Bank, allows Argentina to seek an annulment of the award from a
newly constituted tribunal. Annulment proceedings could potentially result
in substantial delay in the enforcement of the award.
- - Media reports in Argentina have indicated that Argentina intends to
contest the award.
- - CMS Energy is filing a Form 8-K with the U.S. Securities and Exchange
Commission about the ICSID award. That filing will include the full text
of the award. It will be available at the CMS Energy website,
www.cmsenergy.com, under "SEC Filings" in the "Invest in CMS" section.
CMS Energy is an integrated energy company, which has as its primary
business operations an electric and natural gas utility, natural gas pipeline
systems, and independent power generation.
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For more information on CMS Energy, please visit our web site at:
www.cmsenergy.com
Media Contacts: Jeff Holyfield, 517/788-2394 or Dan Bishop, 517/788-2395
Investment Analyst Contact: CMS Energy Investor Relations, 517/788-2590