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FORM 8-K
CURRENT REPORT
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of earliest event reported) October 5, 1994
Commission Registrant; State of IRS Employer
File Number Incorporation; Address; Identification No
and Telephone Number
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1-9513 CMS ENERGY CORPORATION 38-2726431
(A Michigan Corporation)
Fairlane Plaza South, Suite 1100
330 Town Center Drive
Dearborn, Michigan 48126
(313) 436-9261
1-5611 CONSUMERS POWER COMPANY 38-0442310
(A Michigan Corporation)
212 West Michigan Avenue
Jackson, Michigan 49201
(517) 788-1030
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ITEM 5. OTHER EVENTS.
Ludington Pumped Storage Plant
As is discussed in ITEM 3. LEGAL PROCEEDINGS and Note 12 to the
Consolidated Financial Statements in the Annual Reports on Form 10-K for
the year ended December 31, 1993 of CMS Energy Corporation and its wholly-
owned subsidiary, Consumers Power Company ("Consumers"), in September 1986
the Attorney General filed a lawsuit against Consumers and Detroit Edison
seeking $148 million in past damages and $89,000 per day for future
damages for alleged injuries to fishing resources due to the operation of
the jointly owned Ludington Pumped Storage Plant. The Attorney General
filed a second lawsuit in 1987 which sought to have the plant's bottom
lands lease agreement with the State declared void.
On October 5, 1994, an agreement was reached between Consumers, Detroit
Edison, the Attorney General, the DNR and other parties to settle these
lawsuits. The settlement covers the continued operation of the plant with
the use of a fish barrier net through the term of the plant's license,
which expires in the year 2019. Consumers and Detroit Edison have agreed
to pay for certain unavoidable fish loss, to establish a fishery trust
fund, to pay for certain recreational enhancement projects, and to convey
certain lands to the state. Consumers' share of the cost of the
settlement, which is to be recovered from its electric customers, is
spread over a 24-year period consisting of approximately $3 million
annually for the first 10 years and $1.5 million annually thereafter. The
agreement is subject to approval by the MPSC, which must approve the
recovery from its electric customers of all Consumers' costs, and by the
FERC.
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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: October 7, 1994 By: /s/ A M Wright
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Alan M. Wright
Senior Vice President, Chief
Financial Officer and
Treasurer
CONSUMERS POWER COMPANY
Dated: October 7, 1994 By: /s/ A M Wright
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Alan M. Wright
Senior Vice President and
Chief Financial Officer
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