GREAT BAY--The Association for Consumer Protection St. Maarten (ACP-SXM) says the ongoing review of NV GEBE’s fuel charges must result in clear deadlines, public disclosure and financial relief for consumers if improper charges are confirmed.
ACP-SXM welcomed the forensic recalculation of GEBE’s fuel costs being carried out by the Bureau Telecommunication and Post (BTP), as well as Minister of Tourism, Economic Affairs, Transport and Telecommunication Grisha Heyliger-Marten’s commitment that the findings will be shared with Parliament and communicated to the public.
The consumer organization, however, stressed that completing a review is not the same as providing relief to households that may have been overcharged.
“An investigation is not a refund. And a determination with no deadline is a delay by another name,” ACP-SXM stated.
BTP has recalculated six months of GEBE fuel charges covering January through June 2026. According to ACP-SXM, no final determination has yet been issued and no date has been announced for when that process will be completed. Preliminary findings have been presented to the Council of Ministers, while Parliament and the general public have not yet received them.
ACP-SXM also wants Government and regulators to address findings contained in an earlier RAC/BTP Tariff Evaluation Report.
According to the association, that report identified a US$6.9 million, approximately XCG 12.6 million, fuel-clause surplus collected from consumers between March 2022 and December 2024. The report also found that the fuel-clause formula could not be validated and that Seven Seas Water desalination costs had been included in charges to ordinary households.
ACP-SXM said the earlier review also identified GEBE’s failure to provide audited accounts to regulators.
The association expressed concern that the current BTP review focuses on 2026 while the US$6.9 million identified in the earlier evaluation is no longer receiving the same public attention.
“ACP-SXM will not let a new investigation bury the findings of the last one,” the organization stated.
The association also raised concerns about the sequence in which consumers were charged and rates were independently assessed.
According to ACP-SXM, households paid a fuel rate of XCG 0.49 per kilowatt-hour and consumers faced disconnection under that rate before an independent authority had verified it.
The organization further pointed to GEBE’s acknowledgment that it has not carried out system-wide testing of its electricity meters and therefore cannot determine how many meters may be inaccurate or the amount of money potentially involved.
ACP-SXM said it intends to hold Minister Heyliger-Marten to her public commitment that relevant findings, calculated variances and recommended remedies will be shared with Parliament and the public, and that any adjustments resulting from improper charges will benefit consumers.
The organization said that commitment should now be accompanied by specific dates and sufficient disclosure to allow the public to understand how conclusions were reached.
ACP-SXM also raised concerns about confidentiality restrictions surrounding the review. It noted that invoices, supplier prices and contracts remain subject to a non-disclosure agreement and argued that meaningful transparency requires enough information for the public to assess the findings.
The association is already pursuing the matter through the courts.
On September 15, 2026, ACP-SXM filed what it described as St. Maarten’s first collective consumer action against NV GEBE. The case asks the Court to rule on the legality of the Fuel Clause, require GEBE to account for the US$6.9 million identified in the earlier review and halt disconnections involving unexplained disputed balances.
ACP-SXM stressed that a regulatory review and a court proceeding serve different purposes, arguing that the regulatory process does not itself determine whether money must be returned to consumers.
“The people of St. Maarten have paid their bills, sometimes choosing between electricity and groceries, while study after study confirms what they already knew. We do not need another promise of transparency. We need dates, we need disclosure, and we need money returned to the people it was taken from. That is why we went to court, and we will see it through,” ACP-SXM President and Chairperson drs. Peggy-Ann Richardson said.
ACP-SXM said it reserves all rights, including further legal action, on behalf of consumers in St. Maarten.
