ACP-SXM welcomes BTP independent review of GEBE’s billing practices, and Prosecutor response

GREAT BAY--The Association for Consumer Protection St. Maarten, ACP-SXM, says two significant developments are now underway concerning the governance, oversight and billing practices of N.V. GEBE, with the Prosecutor’s Office reviewing the Association’s request for a civil inquiry into the utility company and the Bureau Telecommunications and Post, BTP, conducting an independent examination of GEBE’s billing practices and fuel-clause calculations.

ACP-SXM said the developments represent separate but important avenues through which greater clarity and accountability can be established around GEBE’s operations. The Association has welcomed both processes while calling for the recent movement in the fuel clause from XCG 0.49 to XCG 0.40 to be specifically addressed in BTP’s findings.

The Prosecutor’s Office, by letter dated August 7, 2026, acknowledged receipt of ACP-SXM’s July 30 request to initiate a civil inquiry, or enquêteprocedure, into the corporate governance and operational accountability of N.V. GEBE. According to ACP-SXM, the Prosecutor’s Office indicated that the request is currently being reviewed in consultation with the Office of the Attorney General.

At the same time, BTP is reviewing more than 400 documents submitted by GEBE as part of its independent examination of the company’s billing practices and fuel-clause calculations.

ACP-SXM said it is particularly concerned with the movement of the fuel clause from XCG 0.49 on invoices distributed in July 2026 for the June consumption period to XCG 0.40 on invoices distributed in August for the July consumption period.

The Association noted that GEBE publicly attributed the earlier increase to XCG 0.49 to “ongoing fluctuations in international fuel prices,” describing those movements as outside of the company’s control. The subsequent decrease to XCG 0.40, however, has not been accompanied by an explanation of comparable detail setting out the underlying fuel costs, reference benchmark or billing lag involved.

BTP reviewing operational, pricing and financial records

ACP-SXM noted that BTP, acting in its capacity as Concession Supervisor, formally issued GEBE with a comprehensive request for information on July 13, seeking the operational, pricing and financial records necessary to independently assess the utility’s billing practices and fuel-clause calculations.

GEBE has confirmed that it met the deadlines established by BTP and submitted fuel invoices, electricity-generation data, efficiency reports, financial information and other supporting records during the final week of July.

According to Minister of Tourism, Economic Affairs, Transport and Telecommunication Grisha Heyliger-Marten, financial analysts, engineers and legal experts are examining the records, verifying individual costs and comparing them against relevant fuel-market information and applicable regulations.

The Minister described the standard guiding the review as “facts before conclusions, evidence before opinions, accountability before assumptions.”

BTP is preparing preliminary technical findings for presentation to the Council of Ministers during August, followed by structured public reports addressing the fuel clause and identifying any areas requiring correction. The Minister has also said that should errors or practices requiring correction be identified, the findings will guide lawful action by government.

ACP-SXM wants latest billing cycle specifically examined

ACP-SXM welcomed the BTP review as a necessary step toward stronger regulatory oversight of GEBE’s fuel-clause calculations and welcomed the Minister’s commitment to evidence-based findings and corrective action.

The Association noted, however, that the terms of reference for the BTP review and the anticipated August reporting were established before the movement from XCG 0.49 to XCG 0.40 became fully visible on consumer invoices.

Given the size and timing of the change, ACP-SXM believes the June-to-July billing cycle provides a direct case for BTP to examine and should be specifically addressed in both its preliminary findings and subsequent public reporting.

ACP-SXM is requesting that BTP’s preliminary findings to the Council of Ministers, as well as the public reports that follow, specifically address the fuel-clause movement between the June and July consumption periods.

The Association is also requesting publication of the complete fuel-clause calculation methodology, including the reference index or benchmark used and the applicable billing lag.

ACP-SXM further wants GEBE to apply the same standard of public disclosure to decreases in the fuel clause as it does to increases.

If the BTP review determines that the increase applied for the June consumption period exceeded what was justified by fuel costs at the time, ACP-SXM is requesting a clear public accounting of how any resulting overcharge will be credited to consumers.

“We welcome the fact that this review is now underway, and we welcome the Minister’s commitment that facts, not speculation, will guide government’s response,” said ACP-SXM President and Chairperson Peggy-Ann Richardson.

Richardson said the community has already experienced the type of billing movement that the BTP review is intended to examine, with a fuel-clause increase explained publicly followed by a decrease of similar size without comparable detail. ACP-SXM believes that experience should now form part of BTP’s technical assessment.

Civil inquiry request focuses on governance and accountability

Separately, ACP-SXM said its request to the Prosecutor’s Office concerns the broader corporate governance and operational accountability of N.V. GEBE.

The Association stressed that an enquêteprocedure is a civil inquiry and should not be confused with a criminal investigation. Such a procedure is intended to examine whether the policies and conduct of the management and supervisory bodies of a legal entity meet accepted standards of proper governance and can result in corrective measures for the benefit of the entity and its stakeholders, including consumers.

ACP-SXM welcomed confirmation that its request is being actively reviewed and said it will continue following the process.

The Association also intends to separately pursue access to the Freya administrative report through the appropriate channels within the Government of St. Maarten as part of its continuing transparency requests concerning GEBE’s operations and oversight.

ACP-SXM said it will continue monitoring the progress of both the Prosecutor’s Office review and BTP’s technical examination, as well as GEBE’s public disclosures concerning the fuel clause and its billing practices.

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