GREAT BAY--NV GEBE maintains that it has the legal authority to disconnect electricity customers under Articles 5, 9, 10 and 11 of its existing Terms and Conditions of Connection and Rates, which were ratified during the former Netherlands Antilles period, Prime Minister Dr. Luc Mercelina informed Parliament on Friday.
The utility is currently operating under a temporary collection policy that includes disconnections, with a permanent policy not expected until the first quarter of 2027. However, Mercelina stopped short of confirming whether the company's present disconnection practices are lawful, stating that such a determination rests with the judiciary.
The disclosure came during the continuation of the 2027 national budget debate, in response to questions from Members of Parliament Sjamira Roseburg and Darryl York, who sought clarity on the status of GEBE's disconnection policy and the authority under which electricity customers continue to be disconnected.
Mercelina confirmed that GEBE has informed government that it is currently operating under a temporary collection policy that includes disconnections. According to the Prime Minister, the temporary arrangement had previously been shared with Parliament.
However, the company has indicated that its permanent collection policy will not be available until the first quarter of 2027, leaving questions about the present arrangements and the protections available to consumers facing disconnection.
MP Roseburg specifically requested an update on the policy, recalling that Parliament had previously been informed that it was being finalized. She questioned its current status and offered to provide government with a draft policy she had prepared for consideration.
Mercelina welcomed the offer and indicated that the proposal could be discussed during a future shareholders' meeting with GEBE.
The Prime Minister thanked Roseburg for her willingness to contribute to the process and said he looked forward to receiving her proposal.
His response established that GEBE intends to introduce a permanent policy in 2027, but did not provide details about its proposed provisions, including whether additional protections would be established for vulnerable households.
York Questions Legal Authority for Disconnections
MP York took the matter further, requesting clarification on the legal basis for GEBE's ongoing disconnections while the permanent policy remains outstanding.
York asked under what authority the company was disconnecting customers if the policy had not been completed and whether those disconnections were lawful.
In response, Mercelina reiterated that GEBE is operating under its temporary collection policy, which the company maintains provides for disconnections.
The Prime Minister disclosed that GEBE has informed government that its authority to disconnect electricity customers is derived from Articles 5, 9, 10 and 11 of its existing Terms and Conditions of Connection and Rates.
According to Mercelina, those terms and conditions were ratified during the former Netherlands Antilles period.
However, he stopped short of declaring that GEBE's current disconnection practices are legally sound.
Mercelina indicated that determining whether the company's practices are lawful is not a matter for government to decide, but ultimately for the judiciary.
The response establishes GEBE's stated legal basis for disconnecting customers, but does not independently resolve whether every disconnection carried out under the temporary arrangement complies with applicable legal requirements.
GEBE Willing to Work With Disconnected Customers
The Prime Minister also addressed the situation of customers who have lost electricity service, including senior citizens.
According to Mercelina, GEBE has indicated that disconnected customers, including seniors, can approach the company to discuss their circumstances and that GEBE is willing to work with them toward having their electricity reconnected.
He did not outline specific conditions governing such arrangements, whether payment plans would be offered, or whether special safeguards currently apply to elderly persons or households experiencing financial hardship.
The absence of those details leaves unresolved how GEBE intends to balance the recovery of outstanding payments with the circumstances of vulnerable consumers.
The difference between a temporary collection policy and a permanent framework is particularly relevant because disconnections involve an essential public utility. Questions concerning notice periods, opportunities to settle outstanding balances, payment arrangements and protections for vulnerable customers remain important considerations as the company prepares its permanent policy.
