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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) June 23, 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 ¨

 

 

 

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Co-Registrant Form Type 8-K
Co-Registrant DocumentPeriodEndDate 2022-06-23
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.

 

On June 23, 2022, the Michigan Public Service Commission approved Consumers Energy Company’s (“Consumers”) integrated resource plan (“IRP”) settlement agreement with a diverse group of stakeholders. Consumers’ IRP provides a 20-year blueprint to meet Michigan’s energy needs while protecting the environment for future generations. This approval clears the way for Consumers, a wholly-owned subsidiary of CMS Energy Corporation (“CMS Energy”), to stop burning coal to generate electricity by 2025 — 15 years faster than previously planned — and provide reliable electricity for Michigan. 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 June 23, 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: June 23, 2022 By: /s/ Rejji P. Hayes
    Rejji P. Hayes
    Executive Vice President and Chief Financial Officer
     
    CONSUMERS ENERGY COMPANY
     
     
Dated: June 23, 2022 By: /s/ Rejji P. Hayes
   

Rejji P. Hayes

    Executive Vice President and Chief Financial Officer

 

 

 

 

Exhibit 99

 

   

Landmark Plan to Accelerate End of Coal Era, Provide
Reliability and Protect Environment Earns Approval

 

JACKSON, Mich., June 23, 2022 – A key regulatory decision today cleared the way for Consumers Energy to stop burning coal to generate electricity by 2025 — 15 years faster than previously planned — and provide reliable electricity for Michigan.

 

The Michigan Public Service Commission (MPSC) approved Consumers Energy’s agreement with a diverse group of stakeholders on updates to its Clean Energy Plan, a 20-year blueprint to meet Michigan’s energy needs while protecting the environment for future generations.

 

A broad coalition of supporters for the plan includes customer groups, environmental organizations, MPSC staff, energy industry representatives and the Michigan Attorney General.

 

Consumers Energy is one of the first utilities in the nation to go coal-free.

 

“This is a historic moment in Michigan’s clean energy transformation journey,” said Garrick Rochow, President and CEO of Consumers Energy. “The Clean Energy Plan is a sea change that positions our company as a national leader and empowers us to deliver reliable energy while protecting the planet for decades to come.”

 

The updates to Consumers Energy’s Clean Energy Plan — first approved in 2019 — include:

 

COAL PLANT RETIREMENTS BY 2025: closes all three units at the J.H. Campbell coal plant in West Olive 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.

 

SYSTEM RELIABILITY: ensures supply reliability through the purchase of the Covert Generating Station in Van Buren County, a natural gas-fired power plant. Additionally, we plan to purchase 700 megawatts of electric capacity — roughly the equivalent of a power plant — from a variety of sources through a one-time request for proposal (RFP).

 

RISE OF SOLAR: continues the rapid transition to clean, renewable sources by adding nearly 8,000 megawatts (MW) of solar power by 2040 ensuring

 

 

   

  90 percent of our capacity comes from clean sources. Learn more at ConsumersEnergy.com/MiSolar
   
BATTERY DEPLOYMENT: accelerates energy storage with a total of 75 MW of energy storage by 2027, achieving 550 MW by 2040.

 

AFFORDABLE ENERGY: creates price stability and helps customers save an estimated $600 million dollars through 2040 compared to the current plan. Consumers Energy would also continue its successful energy waste reduction programs that have saved customers nearly $5 billion since 2009. In addition, the company has committed to continue to fund utility bill assistance programs for low-income customers.

 

“Together, we’ve created the best Clean Energy Plan for Michigan,” Rochow said. “We’re building a dramatically different energy landscape in which customers won’t have to choose between protecting the planet and their pocketbooks. We will do both while making sure our state has the reliable power it needs.”

 

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