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) DECEMBER 6, 1999 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. CMS Energy Corporation announced today that its utility subsidiary, Consumers Energy, has reached agreement with a broad coalition of Michigan industrial and commercial customers, other utilities and independent power producers to support specific legislation on electric restructuring in Michigan. The legislation provides for customer choice of power supplies by January 2002 and full recovery of stranded costs by utilities. It also provides for a three-year rate freeze for all customers of the utility who choose to remain with the utility as their electric supplier. As a result of Consumers Energy's agreement with its customers on the legislation, ABATE (a coalition of Michigan industrial and commercial customers) and Consumers Energy filed a motion today that the Michigan Public Service Commission (MPSC) suspend an ABATE electric rate complaint proceeding at the MPSC pending the enactment of the proposed legislation which is expected to be considered during the first quarter of next year. Copies of the Company's press release announcing these developments, the joint press release of the Michigan Chamber of Commerce and the Michigan Manufacturers Association announcing the broad support for this legislation as well as the joint motion of ABATE and Consumers Energy to suspend proceedings pending before the MPSC are filed as exhibits to this report. ITEM 7. EXHIBITS (99)(a) CMS Energy press release dated December 6, 1999 (99)(b) Joint press release of the Michigan Chamber of Commerce and the Michigan Manufacturers Association announcing the broad support for proposed Michigan legislation on electric restructuring (99)(c) Joint motion of ABATE and Consumers Energy to suspend proceedings before the Michigan Public Service Commission 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: December 6, 1999 By: /s/ Alan M. Wright ------------------------------ Alan M. Wright Senior Vice President and Chief Financial Officer CONSUMERS ENERGY COMPANY Dated: December 6, 1999 By:/s/ Alan M. Wright ------------------------------- Alan M. Wright Senior Vice President and Chief Financial Officer 4 INDEX TO EXHIBITS EXHIBIT NO. DESCRIPTION - ---------- ----------- (99)(a) - CMS Energy press release dated December 6, 1999 (99)(b) - Joint press release of the Michigan Chamber of Commerce and the Michigan Manufacturers Association announcing the broad support for proposed Michigan legislation on electric restructuring (99)(c) - Joint motion of ABATE and Consumers Energy to suspend proceedings before the Michigan Public Service Commission