Item 2.02. Results of Operations and Financial Condition.
On November 5, 2008, CMS Energy Corporation ("CMS Energy") issued a News
Release, in which it announced its results for the third quarter of 2008 and
reaffirmed its guidance for 2008 adjusted earnings. Attached as Exhibit 99.1 to
this report and incorporated herein by reference is a copy of the CMS Energy
News Release, furnished as a part of this report.
In accordance with General Instruction B.2 of Form 8-K, the information in this
Current Report on Form 8-K, including Exhibit 99.1, shall not be deemed "filed"
for the purposes of Section 18 of the Securities Exchange Act of 1934, as
amended, or otherwise subject to the liabilities of that section, nor shall it
be deemed incorporated by reference in any filing under the Securities Act of
1933, as amended, except as shall be expressly set forth in such a filing.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits.
99.1 CMS Energy Corporation News Release dated November 5, 2008
This Form 8-K contains "forward-looking statements" as defined in Rule 3b-6 of
the Securities Exchange Act of 1934, as amended, Rule 175 of the Securities Act
of 1933, as amended, and relevant legal decisions. The forward-looking
statements are subject to risks and uncertainties. They should be read in
conjunction with "FORWARD-LOOKING STATEMENTS AND INFORMATION" and "RISK FACTORS"
each found in the MANAGEMENT'S DISCUSSION AND ANALYSIS sections of CMS Energy's
Form 10-K and Consumers Energy's Form 10-K each for the Year Ended December 31,
2007 and as updated in CMS Energy's and Consumers Energy's Forms 10-Q for the
Quarters Ended March 31, 2008 and June 30, 2008. CMS Energy's and Consumers
Energy's "FORWARD-LOOKING STATEMENTS AND INFORMATION" and "RISK FACTORS"
sections are incorporated herein by reference and discuss important factors that
could cause CMS Energy's and Consumers Energy's results to differ materially
from those anticipated in such statements.