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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) April 20, 2022

 

Commission   Registrant; State of Incorporation;   IRS Employer
File Number   Address; and Telephone Number   Identification No.
         
1-9513  

CMS ENERGY CORPORATION

(A Michigan Corporation)
One Energy Plaza
Jackson, Michigan 49201
(517) 788-0550

  38-2726431
         
1-5611  

CONSUMERS ENERGY COMPANY

(A Michigan Corporation)
One Energy Plaza
Jackson, Michigan 49201
(517) 788-0550

  38-0442310

 

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))

 

Securities registered pursuant to Section 12(b) of the Act:

Title of each class   Trading Symbol(s)   Name of each exchange 
on which registered
CMS Energy Corporation Common Stock, $0.01 par value   CMS   New York Stock Exchange
CMS Energy Corporation 5.625% Junior Subordinated Notes due 2078   CMSA   New York Stock Exchange
CMS Energy Corporation 5.875% Junior Subordinated Notes due 2078   CMSC   New York Stock Exchange
CMS Energy Corporation 5.875% Junior Subordinated Notes due 2079   CMSD   New York Stock Exchange
CMS Energy Corporation, Depositary Shares, each representing a 1/1,000th interest in a share of 4.200% Cumulative Redeemable Perpetual Preferred Stock, Series C   CMS PRC   New York Stock Exchange
Consumers Energy Company Cumulative Preferred Stock, $100 par value: $4.50 Series   CMS-PB   New York Stock Exchange

 

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).  

 

Emerging growth company:  CMS Energy Corporation ¨        Consumers Energy Company ¨

 

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act.  CMS Energy Corporation ¨  Consumers Energy Company ¨

 

 

 

Co-Registrant CIK 0000201533
Co-Registrant Amendment Flag false
Co-Registrant Form Type 8-K
Co-Registrant DocumentPeriodEndDate 2022-04-20
Co-Registrant Written Communications false
Co-Registrant Solicitating Materials false
Co-Registrant PreCommencement Tender Offer false
Co-Registrant PreCommencement Issuer Tender Offer false
Emerging Growth Company false

 

 

 

Item 8.01. Other Matters.

 

Consumers Energy Company (“Consumers”), a wholly-owned subsidiary of CMS Energy Corporation (“CMS Energy”), and key stakeholders throughout Michigan have agreed on a settlement related to Consumers’ 2021 Clean Energy Plan, a sweeping proposal to stop using coal as a fuel source for electric generation by 2025, making Consumers one of the first in the nation to go coal-free.  The News Release is attached as Exhibit 99 and is incorporated by reference herein.

 

Investors and others should note that CMS Energy routinely posts important information on its website and considers the Investor Relations section, www.cmsenergy.com/investor-relations, a channel of distribution.

 

Item 9.01. Financial Statements and Exhibits.

 

(d) Exhibits.

 

  Exhibit
 Index
99 Consumers News Release dated April 20, 2022
104 Cover Page Interactive Data File (the cover page XBRL tags are embedded in the Inline XBRL document).

 

 

 

 

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 20, 2022 By: /s/ Shaun M. Johnson
    Shaun M. Johnson
    Senior Vice President and General Counsel
 
    CONSUMERS ENERGY COMPANY
 
Dated: April 20, 2022 By: /s/ Shaun M. Johnson
    Shaun M. Johnson
    Senior Vice President and General Counsel

 

 

 

 

 

Exhibit 99

 

Consumers Energy and Key Stakeholders Reach Landmark Agreement to Create Cleaner Energy Future for Michigan

 

JACKSON, Mich., April 20, 2022 – Consumers Energy and key stakeholders throughout Michigan have agreed on a settlement related to the company’s Clean Energy Plan, a sweeping proposal to stop using coal as a fuel source for electric generation by 2025, making the company one of the first in the nation to go coal-free.

 

The agreement, which requires regulatory approval, includes a broad coalition of customer groups, environmental organizations, the Michigan Public Service Commission (MPSC) staff, energy industry representatives, and the Michigan Attorney General and provides a 20-year blueprint to meet Michigan’s energy needs while protecting the environment for future generations.

 

“This is a historic commitment to lead the clean energy transformation and create a brighter future for our state,” said Garrick Rochow, President and CEO of Consumers Energy. “A diverse set of stakeholders came together to endorse a Clean Energy Plan that will provide reliable and affordable energy to customers for decades to come while protecting the environment.”

 

Consumers Energy updated its original 2018 Clean Energy Plan by including the pledge to accelerate the elimination of coal to 2025, among other benefits to customers and environment in its 2021 Clean Energy Plan, filed with the MPSC last June. The settlement agreement supporting Consumers Energy’s plan comes after more than a year of listening to key stakeholders’ ideas and input. The next step in the process is for the MPSC to review the settlement agreement.

 

The settlement includes:

 

COAL PLANT RETIREMENTS BY 2025: closes all three units at the J.H. Campbell coal plant in West Olive, Michigan in 2025 in addition to two units at the D.E. Karn coal plant in 2023 (as per the 2018 Clean Energy Plan) and will be among the first utilities in the nation to go coal-free by 2025.

 

RISE OF SOLAR: continues the rapid transition to clean, renewable sources by adding nearly 8,000 megawatts (MW) of solar power by 2040 ensuring 60 percent of our capacity comes from clean sources.

 

 

 

 

BATTERY DEPLOYMENT: accelerates energy storage from 2030 to 2024 with a total of 75 MW of energy storage by 2027, achieving 550 MW by 2040.

 

SYSTEM RELIABILTY: ensures supply reliability through the purchase of the Covert Generating Station in Van Buren County, a natural gas-fired power plant.

 

AFFORDABLE ENERGY: creates price stability and helps customers save an estimated $600 million dollars through 2040 compared to the 2018 Clean Energy Plan. Consumers Energy would also continue its successful energy waste reduction programs that have saved customers more than $4 billion since 2009. In addition, the company has committed to continue to fund utility bill assistance programs for low-income customers.

 

“Reaching consensus on this Clean Energy Plan moves Michigan toward a cleaner, more reliable energy future while caring for our co-workers and communities impacted,” Rochow said. “We’re grateful for the thoughtful, positive contributions of all stakeholders throughout this process and look forward to the MPSC’s decision on our plan.”

 

Consumers Energy, Michigan’s largest energy provider, is the principal subsidiary of CMS Energy (NYSE: CMS), providing natural gas and/or electricity to 6.8 million of the state’s 10 million residents in all 68 Lower Peninsula counties.

 

# # #

 

Media Contacts: Katie Carey, 517-740-1739, or Brian Wheeler, 517-740-1545

 

For more information about Consumers Energy, go to

 

www.ConsumersEnergy.com.

 

Check out Consumers Energy on Social Media