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Contingencies and Commitments (Tables) | 12 Months Ended
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Dec. 31, 2021
Site Contingency [Line Items] |
Expected Remediation Costs By Year | CMS Energy expects to pay the following amounts for long-term leachate disposal and operating and maintenance costs in each of the next five years:
In Millions
|  | 2022 | 2023 | 2024 | 2025 | 2026
CMS Energy |  |  |  |  |  |  |  |  |  |  |  |
Long-term leachate disposal and operating and maintenance costs |  |  |  | $ | 4 |  |  | $ | 4 |  |  | $ | 4 |  |  | $ | 4 |  |  | $ | 4 |
Guarantees | Presented in the following table are CMS Energy’s and Consumers’ guarantees at December 31, 2021:
In Millions
Guarantee Description | Issue Date | Expiration Date | Maximum Obligation | Carrying Amount
CMS Energy, including Consumers |  |  |  |  |  |
Indemnity obligations from purchase of VIE 1 | September 2020 | indefinite |  | $ | 314 |  |  | $ | — |
Indemnity obligations from stock and asset sale agreements 2 | various | indefinite |  | 225 |  | 4 |
Guarantee 3 | July 2011 | indefinite |  | 30 |  |  | — |
Consumers |  |  |  |  |  |
Guarantee 3 | July 2011 | indefinite |  | $ | 30 |  |  | $ | — |
1 In conjunction with the purchase of its interest in Aviator Wind Equity Holdings, CMS Enterprises assumed certain indemnity obligations that protect the associated tax equity investor against losses incurred as a result of breaches of representations and warranties provided by Aviator Wind Equity Holdings and its subsidiaries. These obligations are generally capped at an amount equal to the tax equity investor’s capital contributions plus a specified return, less any distributions and tax benefits it receives, in connection with its membership interest in Aviator Wind. CMS Enterprises would recover 49 percent of any amounts paid to the tax equity investor from the other owner of Aviator Wind Equity Holdings. Additionally, Aviator Wind holds insurance coverage that would partially protect against losses incurred as a result of certain failures to qualify for production tax credits. For further details on CMS Enterprises’ ownership interest in Aviator Wind Equity Holdings, see Note 19, Variable Interest Entities. 2 These obligations arose from stock and asset sale agreements under which CMS Energy or a subsidiary of CMS Energy indemnified the purchaser for losses resulting from various matters, including claims related to taxes and breaches of representations and warranties. The maximum obligation amount is mostly related to the Equatorial Guinea tax claim discussed in the CMS Energy Contingencies section of this Note and an indemnity provided in connection with the sale of EnerBank to Regions Bank. For further details on the sale, see Note 20, Exit Activities and Discontinued Operations. CMS Energy believes the likelihood of material loss to be remote for the indemnity obligations not recorded as liabilities. 3 This obligation comprises a guarantee provided by Consumers to the U.S. Department of Energy in connection with a settlement agreement regarding damages resulting from the department’s failure to accept spent nuclear fuel from nuclear power plants formerly owned by Consumers.
Contractual purchase obligations | Presented in the following table are CMS Energy’s and Consumers’ contractual purchase obligations at December 31, 2021 for each of the periods shown:
In Millions
| Payments Due
| Total | 2022 | 2023 | 2024 | 2025 | 2026 | Beyond 2026
CMS Energy, including Consumers |  |  |  |  |  |  |  |  |  |
Total PPAs |  | $ | 8,028 |  |  | $ | 828 |  |  | $ | 747 |  |  | $ | 762 |  |  | $ | 709 |  |  | $ | 606 |  |  | $ | 4,376 |
Other |  | 4,445 |  |  | 1,489 |  |  | 1,657 |  |  | 412 |  |  | 639 |  |  | 36 |  |  | 212 |
Total purchase obligations |  | $ | 12,473 |  |  | $ | 2,317 |  |  | $ | 2,404 |  |  | $ | 1,174 |  |  | $ | 1,348 |  |  | $ | 642 |  |  | $ | 4,588 |
Consumers |  |  |  |  |  |  |  |  |  |  |  |  |  |
PPAs |  |  |  |  |  |  |  |  |  |  |  |  |  |
MCV PPA |  | $ | 2,204 |  |  | $ | 349 |  |  | $ | 348 |  |  | $ | 346 |  |  | $ | 306 |  |  | $ | 231 |  |  | $ | 624 |
Palisades PPA |  | 116 |  |  | 116 |  |  | — |  |  | — |  |  | — |  |  | — |  |  | — |
Related-party PPAs |  | 342 |  |  | 65 |  |  | 65 |  |  | 65 |  |  | 47 |  |  | 29 |  |  | 71 |
Other PPAs |  | 5,366 |  |  | 298 |  |  | 334 |  |  | 351 |  |  | 356 |  |  | 346 |  |  | 3,681 |
Total PPAs |  | $ | 8,028 |  |  | $ | 828 |  |  | $ | 747 |  |  | $ | 762 |  |  | $ | 709 |  |  | $ | 606 |  |  | $ | 4,376 |
Other |  | 3,950 |  |  | 1,381 |  |  | 1,596 |  |  | 364 |  |  | 594 |  |  | 12 |  |  | 3 |
Total purchase obligations |  | $ | 11,978 |  |  | $ | 2,209 |  |  | $ | 2,343 |  |  | $ | 1,126 |  |  | $ | 1,303 |  |  | $ | 618 |  |  | $ | 4,379 |
Consumers Energy Company |
Site Contingency [Line Items] |
Expected Remediation Costs By Year | Consumers expects to pay the following amounts for remediation and other response activity costs in each of the next five years:
In Millions
|  | 2022 | 2023 | 2024 | 2025 | 2026
Consumers |  |  |  |  |  |  |  |  |  |  |  |
Remediation and other response activity costs |  |  |  | $ | 3 |  |  | $ | 9 |  |  | $ | 24 |  |  | $ | 11 |  |  | $ | 1 |
Guarantees | Presented in the following table are CMS Energy’s and Consumers’ guarantees at December 31, 2021:
In Millions
Guarantee Description | Issue Date | Expiration Date | Maximum Obligation | Carrying Amount
CMS Energy, including Consumers |  |  |  |  |  |
Indemnity obligations from purchase of VIE 1 | September 2020 | indefinite |  | $ | 314 |  |  | $ | — |
Indemnity obligations from stock and asset sale agreements 2 | various | indefinite |  | 225 |  | 4 |
Guarantee 3 | July 2011 | indefinite |  | 30 |  |  | — |
Consumers |  |  |  |  |  |
Guarantee 3 | July 2011 | indefinite |  | $ | 30 |  |  | $ | — |
1 In conjunction with the purchase of its interest in Aviator Wind Equity Holdings, CMS Enterprises assumed certain indemnity obligations that protect the associated tax equity investor against losses incurred as a result of breaches of representations and warranties provided by Aviator Wind Equity Holdings and its subsidiaries. These obligations are generally capped at an amount equal to the tax equity investor’s capital contributions plus a specified return, less any distributions and tax benefits it receives, in connection with its membership interest in Aviator Wind. CMS Enterprises would recover 49 percent of any amounts paid to the tax equity investor from the other owner of Aviator Wind Equity Holdings. Additionally, Aviator Wind holds insurance coverage that would partially protect against losses incurred as a result of certain failures to qualify for production tax credits. For further details on CMS Enterprises’ ownership interest in Aviator Wind Equity Holdings, see Note 19, Variable Interest Entities. 2 These obligations arose from stock and asset sale agreements under which CMS Energy or a subsidiary of CMS Energy indemnified the purchaser for losses resulting from various matters, including claims related to taxes and breaches of representations and warranties. The maximum obligation amount is mostly related to the Equatorial Guinea tax claim discussed in the CMS Energy Contingencies section of this Note and an indemnity provided in connection with the sale of EnerBank to Regions Bank. For further details on the sale, see Note 20, Exit Activities and Discontinued Operations. CMS Energy believes the likelihood of material loss to be remote for the indemnity obligations not recorded as liabilities. 3 This obligation comprises a guarantee provided by Consumers to the U.S. Department of Energy in connection with a settlement agreement regarding damages resulting from the department’s failure to accept spent nuclear fuel from nuclear power plants formerly owned by Consumers.
Contractual purchase obligations | Presented in the following table are CMS Energy’s and Consumers’ contractual purchase obligations at December 31, 2021 for each of the periods shown:
In Millions
| Payments Due
| Total | 2022 | 2023 | 2024 | 2025 | 2026 | Beyond 2026
CMS Energy, including Consumers |  |  |  |  |  |  |  |  |  |
Total PPAs |  | $ | 8,028 |  |  | $ | 828 |  |  | $ | 747 |  |  | $ | 762 |  |  | $ | 709 |  |  | $ | 606 |  |  | $ | 4,376 |
Other |  | 4,445 |  |  | 1,489 |  |  | 1,657 |  |  | 412 |  |  | 639 |  |  | 36 |  |  | 212 |
Total purchase obligations |  | $ | 12,473 |  |  | $ | 2,317 |  |  | $ | 2,404 |  |  | $ | 1,174 |  |  | $ | 1,348 |  |  | $ | 642 |  |  | $ | 4,588 |
Consumers |  |  |  |  |  |  |  |  |  |  |  |  |  |
PPAs |  |  |  |  |  |  |  |  |  |  |  |  |  |
MCV PPA |  | $ | 2,204 |  |  | $ | 349 |  |  | $ | 348 |  |  | $ | 346 |  |  | $ | 306 |  |  | $ | 231 |  |  | $ | 624 |
Palisades PPA |  | 116 |  |  | 116 |  |  | — |  |  | — |  |  | — |  |  | — |  |  | — |
Related-party PPAs |  | 342 |  |  | 65 |  |  | 65 |  |  | 65 |  |  | 47 |  |  | 29 |  |  | 71 |
Other PPAs |  | 5,366 |  |  | 298 |  |  | 334 |  |  | 351 |  |  | 356 |  |  | 346 |  |  | 3,681 |
Total PPAs |  | $ | 8,028 |  |  | $ | 828 |  |  | $ | 747 |  |  | $ | 762 |  |  | $ | 709 |  |  | $ | 606 |  |  | $ | 4,376 |
Other |  | 3,950 |  |  | 1,381 |  |  | 1,596 |  |  | 364 |  |  | 594 |  |  | 12 |  |  | 3 |
Total purchase obligations |  | $ | 11,978 |  |  | $ | 2,209 |  |  | $ | 2,343 |  |  | $ | 1,126 |  |  | $ | 1,303 |  |  | $ | 618 |  |  | $ | 4,379 |

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