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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) February 2, 1995
Commission Registrant; State of Incorporation; IRS Employer
File Number Address; and Telephone Number Identification No
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.
Recent Developments Relating to the Midland Cogeneration Venture
Limited Partnership ("MCV")
As discussed in PART II. OTHER INFORMATION. Item 1. Legal Proceedings
and Note 2 to the Consolidated Financial Statements in the Forms 10-Q for
the Quarter ended September 30, 1994 of CMS Energy Corporation ("CMS
Energy") and its wholly owned subsidiary, Consumers Power Company
("Consumers"), on March 4, 1994 a lawsuit was filed in federal district
court for the southern district of New York against CMS Energy, Consumers
and CMS Midland Holdings Company (the "CMS Companies"). The lawsuit was
filed by the institutional investors who, along with a partnership in
which CMS Midland Holdings Company (a subsidiary of Consumers) is a
partner, are the lessors of the MCV Facility (the "Owner Participants").
The action alleged compensatory and punitive damages in excess of
$1 billion and sought injunctive relief relative to Consumers' payments of
fixed energy charges to the MCV.
On February 8, 1995, the Owner Participants filed a notice of dismissal of
this lawsuit. Since the lawsuit had not progressed beyond a preliminary
stage, no court action will be required for dismissal of this suit. The
CMS Companies will voluntarily dismiss the lawsuit that had been initiated
by them on March 28, 1994 in Midland County, Michigan in response to the
Owner Participants' lawsuit in New York. The dismissals are without
prejudice and the parties have agreed that the dismissals will be without
costs or attorney fees, each side bearing their own.
A separate suit filed by CMS Midland Holdings Company ("CMS Holdings")
against its partners in First Midland Limited Partnership (the partnership
that is one of the lessors of the MCV Facility) to obtain a refund of tax
indemnity payments owed to CMS Holdings by the other partners was decided
in favor of CMS Holdings. The remaining amounts of the $8 million
originally in dispute have been paid and an order terminating the case
was entered February 2, 1995.
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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: February 14, 1995 By: /s/ Thomas A. McNish
Thomas A. McNish
Vice President and
Secretary
CONSUMERS POWER COMPANY
Dated: February 14, 1995 By: /s/ Thomas A. McNish
Thomas A. McNish
Vice President and
Secretary
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