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) NOVEMBER 12, 2003
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)
ONE ENERGY PLAZA
JACKSON, MICHIGAN 49201
(517) 788-0550
1-5611 CONSUMERS ENERGY COMPANY 38-0442310
(A MICHIGAN CORPORATION)
ONE ENERGY PLAZA
JACKSON, MICHIGAN 49201
(517) 788-0550
ITEM 12. RESULTS OF OPERATIONS AND FINANCIAL CONDITION
On November 11, 2003, CMS Energy Corporation ("CMS Energy") issued a News
Release, in which it announced its results for the third quarter and first nine
months of 2003, reaffirmed its 2003 earnings guidance and provided an update on
its asset sales program. Attached as Exhibit 99 to this report and incorporated
herein by reference is a copy of the CMS Energy News Release, furnished as a
part of this report.
The News Release contains "forward-looking statements", within the meaning of
the safe harbor provisions of the federal securities laws. The "forward-looking
statements" are subject to risks and uncertainties. They should be read in
conjunction with "CMS ENERGY FORWARD-LOOKING STATEMENTS, CAUTIONARY FACTORS AND
UNCERTAINTIES" found in Item 1 of CMS Energy's Form 10-K/A for the Fiscal Year
Ended December 31, 2002, filed on July 1, 2003 and "CONSUMERS FORWARD-LOOKING
STATEMENTS, CAUTIONARY FACTORS AND UNCERTAINTIES" found in Item 1 of Consumers
Energy Company's Form 10-K for the Fiscal Year Ended December 31, 2002, filed on
March 31, 2003 (both incorporated herein by reference), that discuss important
factors that could cause CMS Energy's and Consumers Energy Company's 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: November 12, 2003
By: /s/ Thomas J. Webb
-----------------------------
Thomas J. Webb
Executive Vice President and
Chief Financial Officer
CONSUMERS ENERGY COMPANY
Dated: November 12, 2003
By: /s/ Thomas J. Webb
-----------------------------
Thomas J. Webb
Executive Vice President and
Chief Financial Officer
EXHIBIT INDEX
EXHIBIT NO. DESCRIPTION
EX-99 CMS NEWS RELEASE DATED NOVEMBER 11, 2003.