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PHILIPSBURG — Utilities company NV GEBE may have overcharged its clients approximately $6.9 million, or 12.45 million Caribbean guilders, between 2022 and 2024 due to the contested application of fuel clause charges.
This estimate is mentioned in a letter dated June 15, which attorney Valya Pantophlet of DEJONG Legala handed to Temporary Manager Iris Arrindell at NV GEBE on the day of the march on Monday, June 15, 2026. Copies were also directed to the GEBE managing board and its interim directors on behalf of the Association for Consumer Protection (ACP-SXM).
The ACP demands immediate action and a meeting to discuss its concerns within seven days; in other words, by June 22 at the latest. The association mentions nine grievances that must be addressed.
Firstly, it demands a reversal of the unauthorized, unlawful and retroactively applied fuel clause, as well as the immediate reconnection of affected households. Furthermore, it wants GEBE to disclose how current tariffs and fuel clauses are calculated.
The ACP wants GEBE to commission an independent audit of consumer billing practices for the period affected by the 2022 cyberattack and the subsequent data reconstruction efforts.
GEBE should also develop and publish a customer service policy that covers the delivery of water and electricity, including procedures for disputing bills.
The ACP furthermore demands the implementation of a restitution mechanism designed to compensate consumers “for any amount improperly or excessively charged and collected.”
The demands also contain a provision designed to protect vulnerable customers, including low-income households, senior citizens, medically dependent people, people with disabilities and households with children.
The ACP wishes to discuss these demands, and the way GEBE intends to respond to them, in a meeting with the company’s management.
The association mentions as reasons for its demands the recurring power outages since 2024 and the application of fuel clause charges “whose legal basis, calculation methodology and verification have been publicly questioned.”
The ACP also challenges the implementation of a retroactive 25 percent increase in the fuel clause, the reliability of retroactive and current billing, and the disconnection of consumers who dispute their outstanding bills.
The letter furthermore states that there are no safeguards in place for the protection of vulnerable customers and that tariff settings, billing practices and fuel clause calculations lack transparency.
The ACP also points to a lack of cooperation with regulatory, supervisory and oversight authorities that are responsible for safeguarding the public interest.
Going beyond the practicalities of its concerns, the association notes that the actions taken by GEBE may infringe upon human rights and the rights of children. “Access to reliable electricity and water services is indispensable to a dignified standard of living.”
Referring to the country’s constitution, the ACP notes that the government is responsible for the promotion of public health, the protection of welfare, and maintaining a habitable country and living environment.
Since February 2024, power outages have had a profound impact on the daily lives of consumers, the letter states. “Consumers have endured significant disruptions to their daily lives and interruptions to educational and economic activities.” Household appliances and electronic equipment have also suffered damage due to the power outages.
The letter emphasizes the impact of an unreliable electricity supply on children, the elderly, people with disabilities and those who depend on medical equipment powered by electricity.
The concerns expressed to GEBE’s management are multifold and are in themselves a reason for serious concern. This became apparent when hundreds of people took to the streets for a rally to show how deeply dissatisfied they are with the behavior of St. Maarten’s only utilities company.
The deadline for a meeting with ACP representatives is rapidly approaching, and affected consumers are eagerly awaiting the outcome of that meeting.
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