Item 2.02. Results of Operations and Financial Condition.
On July 30, 2009, CMS Energy Corporation ("CMS Energy") issued a News Release,
in which it announced its results for the second quarter of 2009 and reaffirmed
its guidance for 2009 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 July 30, 2009
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
Corporation's ("CMS Energy") Form 10-K and Consumers Energy Company's
("Consumers") Form 10-K each for the Year Ended December 31, 2008 and as updated
in CMS Energy's Form 10-Q and Consumers' Form 10-Q each for the Quarter Ended
March 31, 2009. CMS Energy's and Consumers' "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'
results to differ materially from those anticipated in such statements.