UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF
THE SECURITIES EXCHANGE ACT OF 1934
DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED) OCTOBER 11, 2004
COMMISSION REGISTRANT; STATE OF INCORPORATION; IRS EMPLOYER
FILE NUMBER ADDRESS; AND TELEPHONE NUMBER IDENTIFICATION NO.
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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
Check the appropriate box below if the Form 8-K filing is intended to
simultaneously satisfy the filing obligation of the registrant under any of the
following provisions:
[ ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
[ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange
Act (17 CFR 240.14d-2(b))
[ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange
Act (17 CFR 240.13e-4(c))
ITEM 8.01 OTHER EVENTS
Nuclear Management Company LLC ("NMC"), the operator of the Palisades nuclear
plant owned by Consumers Energy Company ("Consumers"), a subsidiary of CMS
Energy Corporation, in conjunction with a regularly scheduled re-fueling outage
has conducted a planned inspection of Palisades' reactor vessel head
penetrations. The reactor vessel head penetrations inspection was conducted
pursuant to a generic issue broadly affecting pressurized water reactors.
Forty-three of forty-five control rod drive penetrations have been inspected
and the remaining two penetrations will be inspected over the next few days. Two
of the penetrations that have already been inspected have indications requiring
further inspection and possible repair. These additional inspections will
include, as a minimum, a "bare metal" inspection of the reactor vessel head in
the vicinity of the two penetrations having indications. There is no risk to the
public or workers. NMC conducted a visual "bare metal" inspection of the
Palisades reactor vessel head in March, 2003. No leakages were identified at
that time.
As of September 1, 2004, 14 different U.S. nuclear generating units owned by
various utilities had identified and repaired similar indications. At this time
based on preliminary information and industry experience, Consumers expects that
the current re-fueling outage may be extended by five to six weeks. Consumers
expects to have sufficient power at all times to meet its load requirements from
its other plants or purchase arrangements. These arrangements could increase the
cost of power to Consumers by an estimated $1.6 million (pre-tax) per week
during an extended re-fueling outage. Of this estimated amount, approximately
$0.6 million per week is not recoverable from ratepayers. The preliminary
estimate of the costs of additional inspections and possible activities to
repair the reactor vessel penetrations is $5 million. The ability of Consumers
to make off system sales may also be affected by an extension of the re-fueling
outage. However, until all the inspections are completed and all of the possible
repairs are made there can be no assurance of the length and effect of the
outage on Consumers' operations and CMS Energy Corporation's consolidated
earnings.
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: October 12, 2004
By: /s/ Thomas J. Webb
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Thomas J. Webb
Executive Vice President and
Chief Financial Officer
CONSUMERS ENERGY COMPANY
Dated: October 12, 2004
By: /s/ Thomas J. Webb
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Thomas J. Webb
Executive Vice President and
Chief Financial Officer