Exhibit 33.1

 

**REPORT ON ASSESSMENT OF COMPLIANCE WITH SERVICING CRITERIA FOR ASSET-BACKED ISSUERS**

 

The undersigned hereby certifies that the undersigned is the duly elected and acting Vice President, Controller, and Chief Accounting Officer of CONSUMERS ENERGY COMPANY, as servicer (the “Servicer”) under the Securitization Property Servicing Agreement dated as of July 22, 2014 (the “Servicing Agreement”) by and between the Servicer and CONSUMERS 2014 SECURITIZATION FUNDING LLC, and further certifies that:

 

1.                                    The undersigned is responsible for assessing the Servicer’s compliance with the servicing criteria set forth in Item 1122(d) of Regulation AB (the “Servicing Criteria”).

 

2.                                    With respect to each of the Servicing Criteria, the undersigned has made the following assessment of the Servicing Criteria in accordance with Item 1122(d) of Regulation AB, with such discussion regarding the performance of such Servicing Criteria during the year ended December 31, 2017:

 
| ** **                                         | ** **                                                                                                                                                                                                                                                                      | ** **                                        | ** **                                          |
|----------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------|-----------------------------------------------------|
| **Regulation AB   Reference**

** **          | **Servicing Criteria**

** **                                                                                                                                                                                                                                              | **Applicable   Servicing   Criteria**

** ** | **Inapplicable   Servicing   Criteria**

** ** |
| **General Servicing Considerations**

** **   |
| 1122(d)(1)(i)                                      | Policies and procedures are instituted   to monitor any performance or other triggers and events of default in   accordance with the transaction agreements.

                                                                                                             | X                                                 |                                                |
| 1122(d)(1)(ii)                                     | If any material servicing activities are   outsourced to third parties, policies and procedures are instituted to   monitor the third party’s performance and compliance with such servicing   activities.

                                                          | X                                                 |                                                |
| 1122(d)(1)(iii)                                    | Any requirements in the transaction   agreements to maintain a back-up servicer for pool assets are maintained.

                                                                                                                                                          |                                              | X                                                   |
| 1122(d)(1)(iv)                                     | A fidelity bond and errors and omissions   policy is in effect on the party participating in the servicing function   throughout the reporting period in the amount of coverage required by and   otherwise in accordance with the terms of the transaction agreements.

  |                                              | X                                                   |
| 1122(d)(1)(v)                                      | Aggregation of information, as applicable,   is mathematically accurate and the information conveyed accurately reflects   the information.

                                                                                                                              | X                                                 |                                                |
| **Cash Collection and Administration**

** ** |
| 1122(d)(2)(i)                                      | Payments on pool assets are deposited   into the appropriate custodial bank accounts and related bank clearing   accounts no more than two business days following receipt, or such other   number of days specified in the transaction agreements.

                      | X                                                 |                                                |
| 1122(d)(2)(ii)                                     | Disbursements made via wire transfer on   behalf of an obligor or to an investor are made only by authorized personnel.

                                                                                                                                                  | X                                                 |                                                |
| 1122(d)(2)(iii)                                    | Advances of funds or guarantees   regarding collections, cash flows or distributions, and any interest or other   fees charged for such advances, are made, reviewed and approved as specified   in the transaction agreements.

                                          |                                              | X                                                   |

 

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| ** ** | ** **                                         | ** **                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      | ** **                                        |
|------------|----------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------|
|       | **Regulation AB   Reference**

** **          | **Servicing Criteria**

** **                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              | **Applicable   Servicing   Criteria**

** ** | **Inapplicable   Servicing   Criteria**

** ** |   |
|       | 1122(d)(2)(iv)                                     | The related accounts for the transaction,   such as cash reserve accounts or accounts established as a form of   overcollateralization, are separately maintained (e.g., with respect to   commingling of cash) as set forth in the transaction agreements.

                                                                                                                                                                                                                                                                                                                                                                                                                                                              | X                                                 |   |   |
|       | 1122(d)(2)(v)                                      | Each custodial account is maintained at   a federally insured depository institution as set forth in the transaction   agreements. For purposes of this criterion, “federally insured depository   institution” with respect to a foreign financial institution means a foreign   financial institution that meets the requirements of Rule 13k-1(b)(1) under   the Exchange Act.

                                                                                                                                                                                                                                                                                                                              | X                                                 |   |   |
|       | 1122(d)(2)(vi)                                     | Unissued checks are safeguarded so as to   prevent unauthorized access.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  |                                              | X |   |
|       | 1122(d)(2)(vii)                                    | Reconciliations are prepared on a   monthly basis for all asset-backed securities related bank accounts,   including custodial accounts and related bank clearing accounts. These   reconciliations are: (A) mathematically accurate; (B) prepared within 30   calendar days after the bank statement cutoff date, or such other number of   days specified in the transaction agreements; (C) reviewed and approved by   someone other than the person who prepared the reconciliation; and (D)   contain explanations for reconciling items. These reconciling items are   resolved within 90 calendar days of their original identification, or such   other number of days specified in the transaction agreements.

  | X                                                 |   |   |
|       | **Investor Remittances and Reporting**

** ** |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            |
|       | 1122(d)(3)(i)                                      | Reports to investors, including those to   be filed with the SEC, are maintained in accordance with the transaction   agreements and applicable SEC requirements. Specifically, such reports: (A)   are prepared in accordance with timeframes and other terms set forth in the   transaction agreements; (B) provide information calculated in accordance with   the terms specified in the transaction agreements; (C) are filed with the SEC   as required by its rules and regulations; and (D) agree with investors’ or   the trustee’s records as to the total unpaid principal balance and number of   pool assets serviced by the servicer.

                                                            | X                                                 |   |   |
|       | 1122(d)(3)(ii)                                     | Amounts due to investors are allocated   and remitted in accordance with timeframes, distribution priority and other   terms set forth in the transaction agreements.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    | X                                                 |   |   |
|       | 1122(d)(3)(iii)                                    | Disbursements made to an investor are   posted within two business days to the servicer’s investor records, or such   other number of days specified in the transaction agreements.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 | X                                                 |   |   |
|       | 1122(d)(3)(iv)                                     | Amounts remitted to investors per the   investor reports agree with cancelled checks, or other form of payment, or   custodial bank statements.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          | X                                                 |   |   |
|       | **Pool Asset Administration**

** **          |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            |
|       | 1122(d)(4)(i)                                      | Collateral or security on pool assets is   maintained as required by the transaction agreements or related pool asset   documents.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       | X                                                 |   |   |
|            |                                                    |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 |                                                   |  |  |  |  |  |

 

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| ** ** | ** **                                | ** **                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       | ** **                                        |
|------------|-------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------|
|       | **Regulation AB   Reference**

** ** | **Servicing Criteria**

** **                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               | **Applicable   Servicing   Criteria**

** ** | **Inapplicable   Servicing   Criteria**

** ** |   |
|       | 1122(d)(4)(ii)                            | Pool assets and related documents are   safeguarded as required by the transaction agreements.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            | X                                                 |   |   |
|       | 1122(d)(4)(iii)                           | Any additions, removals or substitutions   to the asset pool are made, reviewed and approved in accordance with any   conditions or requirements in the transaction agreements.

                                                                                                                                                                                                                                                                                                                                                                                                                           |                                              | X |   |
|       | 1122(d)(4)(iv)                            | Payments on pool assets, including any   payoffs, made in accordance with the related pool asset documents are posted   to the servicer’s obligor records maintained no more than two business days   after receipt, or such other number of days specified in the transaction   agreements, and allocated to principal, interest or other items (e.g.,   escrow) in accordance with the related pool asset agreements.

                                                                                                                                                                              | X                                                 |   |   |
|       | 1122(d)(4)(v)                             | The servicer’s records regarding the   pool assets agree with the servicer’s records with respect to an obligor’s   unpaid principal balance.

                                                                                                                                                                                                                                                                                                                                                                                                                                              |                                              | X |   |
|       | 1122(d)(4)(vi)                            | Changes with respect to the terms or   status of an obligor’s pool assets (e.g., loan modifications or re-agings)   are made, reviewed and approved by authorized personnel in accordance with   the transaction agreements and related pool asset documents.

                                                                                                                                                                                                                                                                                                                                        | X                                                 |   |   |
|       | 1122(d)(4)(vii)                           | Loss mitigation or recovery actions   (e.g., forbearance plans, modifications and deeds in lieu of foreclosure,   foreclosures and repossessions, as applicable) are initiated, conducted and   concluded in accordance with the timeframes or other requirements established   by the transaction agreements.

                                                                                                                                                                                                                                                                                            | X                                                 |   |   |
|       | 1122(d)(4)(viii)                          | Records documenting collection efforts   are maintained during the period a pool asset is delinquent in accordance   with the transaction agreements. Such records are maintained on at least a   monthly basis, or such other period specified in the transaction agreements,   and describe the entity’s activities in monitoring delinquent pool assets,   including, for example, phone calls, letters and payment rescheduling plans   in cases where delinquency is deemed temporary (e.g., illness or   unemployment).

                                                                        | X                                                 |   |   |
|       | 1122(d)(4)(ix)                            | Adjustments to interest rates or rates   of return for pool assets with variable rates are computed based on the   related pool asset documents.

                                                                                                                                                                                                                                                                                                                                                                                                                                                          |                                              | X |   |
|       | 1122(d)(4)(x)                             | Regarding any funds held in trust for an   obligor (such as escrow accounts): (A) such funds are analyzed, in accordance   with the obligor’s pool asset documents, on at least an annual basis, or such   other period specified in the transaction agreements; (B) interest on such   funds is paid, or credited, to obligors in accordance with applicable pool   asset documents and state laws; and (C) such funds are returned to the   obligor within 30 calendar days of full repayment of the related pool assets,   or such other number of days specified in the transaction agreements.

  |                                              | X |   |
|            |                                           |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  |                                                   |  |  |  |  |  |

 

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| ** ** | ** **                                | ** **                                                                                                                                                                                                                                                                                                                                                                                                        | ** **                                        |
|------------|-------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------|
|       | **Regulation AB   Reference**

** ** | **Servicing Criteria**

** **                                                                                                                                                                                                                                                                                                                                                                                | **Applicable   Servicing   Criteria**

** ** | **Inapplicable   Servicing   Criteria**

** ** |   |
|       | 1122(d)(4)(xi)                            | Payments made on behalf of an obligor   (such as tax or insurance payments) are made on or before the related penalty   or expiration dates, as indicated on the appropriate bills or notices for   such payments, provided that such support has been received by the servicer   at least 30 calendar days prior to these dates, or such other number of days   specified in the transaction agreements.

  |                                              | X |   |
|       | 1122(d)(4)(xii)                           | Any late payment penalties in connection   with any payment to be made on behalf of an obligor are paid from the   servicer’s funds and not charged to the obligor, unless the late payment was   due to the obligor’s error or omission.

                                                                                                                                                        |                                              | X |   |
|       | 1122(d)(4)(xiii)                          | Disbursements made on behalf of an obligor   are posted within two business days to the obligor’s records maintained by   the servicer, or such other number of days specified in the transaction   agreements.

                                                                                                                                                                                       |                                              | X |   |
|       | 1122(d)(4)(xiv)                           | Delinquencies, charge-offs and   uncollectible accounts are recognized and recorded in accordance with the   transaction agreements.

                                                                                                                                                                                                                                                                       | X                                                 |   |   |
|       | 1122(d)(4)(xv)                            | Any external enhancement or other   support, identified in Item 1114(a)(1) through (3) or Item 1115 of Regulation   AB, is maintained as set forth in the transaction agreements.

                                                                                                                                                                                                                          |                                              | X |   |
|            |                                           |                                                                                                                                                                                                                                                                                                                                                                                                                   |                                                   |  |  |  |  |  |

 

3.                                    To the best of the undersigned’s knowledge, based on such review, the Servicer is in compliance in all material respects with the applicable servicing criteria set forth above as of and for the year ended December 31, 2017.

 

4.                                    PricewaterhouseCoopers LLP, an independent registered public accounting firm, has issued an attestation report on the Servicer’s assessment of compliance with the applicable servicing criteria as of and for the year ended December 31, 2017.

 

Capitalized terms used but not defined herein have their respective meanings as set forth in the Servicing Agreement.

 

Executed as of this 8th day of March 2018.

 
|   |   | CONSUMERS ENERGY COMPANY,                                   |
|--------|--------|-------------------------------------------------------------|
|   |   | as Servicer                                                 |
|   |   |                                                        |
|   |   |                                                        |
|   | By:    | /s/ Glenn P. Barba                                          |
|   |   | Glenn P. Barba                                              |
|   |   | Vice President, Controller, Chief   Accounting Officer,     |
|   |   | and senior officer in charge of the   servicing function of |
|   |   | Consumers Energy Company                                    |

 

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