-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, NZM+TntyzcjehJQqjgwC6n4RUNF57225A1fXSv6ZbKSXZELTBi+Vi3+Hd3fSaBeV bP8+Vs+ZB0nWFjlBDwjzWQ== 0000950172-03-001063.txt : 20030401 0000950172-03-001063.hdr.sgml : 20030401 20030401114027 ACCESSION NUMBER: 0000950172-03-001063 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20030331 ITEM INFORMATION: Regulation FD Disclosure FILED AS OF DATE: 20030401 FILER: COMPANY DATA: COMPANY CONFORMED NAME: CONSUMERS ENERGY CO CENTRAL INDEX KEY: 0000201533 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC & OTHER SERVICES COMBINED [4931] IRS NUMBER: 380442310 STATE OF INCORPORATION: MI FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-05611 FILM NUMBER: 03633183 BUSINESS ADDRESS: STREET 1: 212 W MICHIGAN AVE CITY: JACKSON STATE: MI ZIP: 49201 BUSINESS PHONE: 5177881030 MAIL ADDRESS: STREET 1: 212 W MICHIGAN AVE STREET 2: M 946 CITY: JACKSON STATE: MI ZIP: 49201 FORMER COMPANY: FORMER CONFORMED NAME: CONSUMERS POWER CO DATE OF NAME CHANGE: 19920703 8-K 1 was5051.txt CURRENT REPORT DATED 3/31/03 - -------------------------------------------------------------------------------- UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 ---------------------- FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 March 31, 2003 Date of Report (Date of earliest event reported)
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
ITEM 9. REGULATION FD DISCLOSURE On March 31, 2003, CMS Energy Corporation ("CMS Energy") and Consumers Energy Company ("Consumers") determined that there was an inadvertent disclosure regarding Consumers' internal forecast of corporate EBITDA for fiscal years 2003 and 2004. For fiscal year 2003, that internal forecasted number was $898 million, and for fiscal year 2004, that internal forecasted number was $936 million. As a matter of company policy, CMS Energy and Consumers do not publicly disclose this information, and this Form 8-K is being furnished solely to satisfy the requirements of Regulation FD in light of the inadvertent disclosure. Neither CMS Energy nor Consumers intends to update these numbers or release EBITDA information in the future. This Form 8-K contains "forward-looking statements" within the meaning of the safe harbor provisions of the federal securities laws. It should be read in conjunction with the "CMS Energy Forward-Looking Statements, Cautionary Factors and Uncertainties" in CMS Energy's Form 10-K for the Year Ended December 31, 2002 and the "Consumers Forward-Looking Statements, Cautionary Factors and Uncertainties" in Consumers' Form 10-K for the Year Ended December 31, 2002 that discuss important factors that could cause CMS Energy's and Consumers' results to differ materially from those anticipated in such statements. 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: April 1, 2003 By: /s/ Thomas J. Webb ---------------------------------- Thomas J. Webb Executive Vice President and Chief Financial Officer CONSUMERS ENERGY COMPANY Dated: April 1, 2003 By: /s/ Thomas J. Webb ---------------------------------- Thomas J. Webb Executive Vice President and Chief Financial Officer -----END PRIVACY-ENHANCED MESSAGE-----