Item 8.01. Other Events.
DTE Energy Company (the "Company") is filing this Current Report on Form 8-K to
reflect certain accounting changes with respect to the financial information
contained in the Company's Annual Report on Form 10-K for the year ended
December 31, 2008 (the "2008 Form 10-K"), which was filed with the United States
Securities and Exchange Commission ("SEC") on February 27, 2009 and amended on
March 13, 2009. Items 6, 7 and 8 of the 2008 Form 10-K have been updated to
reflect the retrospective effects of the required adoption as of January 1, 2009
of SFAS 160, Noncontrolling Interests in Consolidated Financial Statements - an
Amendment of ARB No. 51 ("SFAS No. 160") and FSP EITF 03-6-1, Determining
Whether Instruments Granted in Shared-Based Payment Transactions are
Participating Securities ("FSP EITF 03-6-1"). Those Items are filed as Exhibits
99.1, 99.2 and 99.3, respectively, to this Current Report on Form 8-K. All other
information in the 2008 Form 10-K remains unchanged. The information in this
Form 8-K is not an amendment to or restatement of the 2008 Form 10-K.
This Current Report on Form 8-K does not reflect events or developments that
occurred after February 27, 2009, and does not modify or update the disclosures
in the 2008 Form 10-K in any way, other than as required to reflect the adoption
of SFAS No. 160 and FSP EITF 03-6-1 as described below and set forth in the
exhibits hereto, which are incorporated herein by reference. Without limiting
the foregoing, this filing does not purport to update the Company's Management's
Discussion and Analysis of Financial Condition and Results of Operations
contained in the 2008 Form 10-K for any information, uncertainties,
transactions, risks, events or trends occurring, or known to management. The
information in this Current Report on Form 8-K should be read in conjunction
with the 2008 Form 10-K and all other documents filed by the Company with the
SEC subsequent to February 27, 2009.
Noncontrolling Interests. In December 2007, the FASB issued SFAS No. 160, which
requires the recognition of noncontrolling interests (formerly referred to as
minority interests) as equity in the consolidated financial statements, separate
from the parent's equity, and requires the amount of consolidated net income
attributable to the parent and to the noncontrolling interests to be clearly
identified and presented on the face of the income statement. Under SFAS
No. 160, changes in the parent's ownership interest that leave control intact
are accounted for as capital transactions (i.e., as increases or decreases in
ownership), a gain or loss will be recognized when a subsidiary is
deconsolidated based on the fair value of the noncontrolling equity investment
(not carrying amount), and entities must provide sufficient disclosures that
clearly identify and distinguish between the interests of the parent and of the
noncontrolling owners. The Company adopted SFAS No. 160 prospectively on
January 1, 2009, except for the presentation and disclosure requirements which
must be applied retrospectively for all periods presented.
Participating securities. In June 2008, the FASB issued FSP EITF 03-6-1,
according to which unvested share-based-payment awards that contain
non-forfeitable rights to dividends or dividend equivalents are "participating
securities" as defined in FSP EITF 03-6 and therefore should be included in
computing earnings per share using the two-class method. The Company adopted FSP
EITF 03-6-1 on January 1, 2009 and applied the new accounting retrospectively
for all periods presented.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits
23.1 Consent of Deloitte & Touche LLP
99.1 Item 6 from 2008 Form 10-K (Selected Financial Data)
99.2 Item 7 from 2008 Form 10-K (Management's Discussion and Analysis of
Financial Condition and Results of Operations)
99.3 Item 8 from 2008 Form 10-K (Financial Statements and Supplementary Data)
Forward-Looking Statements:
This Form 8-K contains forward-looking statements that are subject to various
assumptions, risks and uncertainties. It should be read in conjunction with the
"Forward-Looking Statements" section in DTE Energy's 2008 Form 10-K and its 2009
quarterly reports on Form 10-Q (which sections are incorporated by reference
herein), and in conjunction with other SEC reports filed by DTE Energy that
discuss important factors that could cause DTE Energy's actual results to differ
materially. DTE Energy expressly disclaims any current intention to update any
forward-looking statements contained in this report as a result of new
information or future events or developments.