BTP was tasked with GEBE oversight mandate since 2017, ACP-SXM wants accountability report on what was done

GREAT BAY--The Association for Consumer Protection St. Maarten, ACP-SXM, has formally requested a comprehensive written accountability report from the Bureau of Telecommunications and Post St. Maarten, BTP SXM, concerning its energy regulator mandate from 2017 to 2026 and its current supervisory responsibilities relating to NV GEBE.

In a letter dated June 18, 2026, addressed to BTP SXM Director Ms. Julianne Hoeve, ACP-SXM said the request is being made in the public interest and on behalf of consumers in St. Maarten, who have gone nearly a decade without the benefit of the independent regulatory oversight promised through successive ministerial decrees.

ACP-SXM said its letter serves a dual purpose. First, it places on record the regulatory history of BTP SXM’s mandate in the energy sector from 2017 to the present. Second, it formally requests a comprehensive accountability report outlining the actions taken, outputs produced and reporting obligations fulfilled, or not fulfilled, under each mandate.

According to ACP-SXM, BTP SXM was first formally mandated as energy regulator through a Ministerial Decree of June 28, 2017, published in the National Gazette of St. Maarten on September 1, 2017. The decree was issued by then-Minister M. Arrindell-Doncher of the Ministry of Tourism, Economic Affairs, Traffic and Telecommunications, TEATT.

Under the 2017 mandate, BTP SXM was required to prepare and present the format of the regulatory approach for the utilities sector, assess best-practice models to determine the most suitable regulatory approach for St. Maarten, conduct studies outlined in the National Energy Policy 2014, prepare the required budget and begin staff training for the assumption of regulatory tasks.

The studies identified under the mandate included tariff regulation, energy efficiency targeting at least a 10% reduction in power usage, renewable energy feasibility, offshore wind and photovoltaic projects, geothermal cooperation with Saba and St. Eustatius, an interconnection policy, and reverse metering for households.

ACP-SXM noted that the 2017 decree also required BTP SXM to report to the Minister at least four times per year on the progress of all undertakings and to seek all prior approvals from the Minister as required during the process. The mandate was to remain in effect until altered or revoked in writing by the Minister.

The association said a subsequent Ministerial Decree issued in 2020 by the Minister of TEATT renewed or continued BTP SXM’s mandate as energy regulator in preparation for the utilities sector. According to ACP-SXM, the 2020 decree reaffirmed the same core obligations, including preparation of a regulatory framework, studies related to the utilities sector, staff training, budget preparation and quarterly reporting.

ACP-SXM said the renewal of the mandate in 2020 raises serious questions because it suggests that, three years after the initial 2017 mandate, the preparatory work assigned to BTP SXM had still not been completed.

The association also referred to Ministerial Decree No. 806/2026, published in the National Gazette on May 22, 2026. That decree, jointly issued by the Ministers of TEATT and VROMI, formally designated BTP SXM as the supervisor over NV GEBE under the Verordening Elektriciteitsconcessies.

ACP-SXM said the 2026 decree is significant because it acknowledges that a structured oversight of concession obligations had not been established for more than 15 years. The association said this amounts to a direct admission that the regulatory framework BTP SXM was mandated to build in 2017 was never operationalized, despite nine years of mandated preparations and quarterly reporting obligations.

ACP-SXM said this timeline reveals what it called a striking and troubling accountability gap. The organization said BTP SXM received a formal mandate in 2017 to build a regulatory framework for St. Maarten’s utilities sector, that the mandate was renewed in 2020, and that nine years later government itself acknowledged through the 2026 decree that no structured supervisory oversight of concession obligations had been established.

The association said several questions must now be answered in the interest of transparency and consumer protection.

ACP-SXM is asking what happened to the quarterly reports that Article 3.3 of the 2017 decree required BTP SXM to submit to the Minister at least four times per year. The association wants to know whether those reports were produced, what they contained, and if they were not produced, why not.

The organization is also asking what became of the mandated studies on tariff regulation, renewable energy, energy efficiency, offshore wind and photovoltaic feasibility, geothermal cooperation, interconnection policy and reverse metering. ACP-SXM wants to know whether those studies were completed and whether they were submitted to the Minister.

ACP-SXM is further asking whether a regulatory framework for the utilities sector was ever prepared and presented as required by the 2017 and 2020 decrees, and if so, where it is and what became of it.

The association is also requesting information on whether a budget was prepared and approved for BTP SXM’s assumption of utilities regulatory tasks, whether staff training was completed and whether the necessary positions were filled. ACP-SXM also wants to know whether the 2017 mandate was ever formally altered or revoked in writing by the Minister, as required by Article 3.4, and if so, when and on what grounds.

In its formal information request, ACP-SXM asked BTP SXM to provide written responses within ten working days.

For the 2017 mandate, ACP-SXM requested copies of, or references to, all quarterly progress reports submitted to the Minister of TEATT from 2017 through 2020. It also requested a summary of the regulatory framework studies conducted, completed and submitted, including studies on tariff regulation, energy efficiency, renewable energy, offshore wind and photovoltaic feasibility, geothermal cooperation, interconnection policy and reverse metering.

ACP-SXM also asked for the status of the proposed regulatory approach document that BTP SXM was required to prepare and present. The association asked whether this document was ever finalized and submitted to the Minister. In addition, ACP-SXM requested the budget prepared for the utilities regulatory function and confirmation of whether that budget was incorporated into BTP SXM’s annual performance contracts and approved by the Minister.

For the 2020 mandate, ACP-SXM requested copies of, or references to, all quarterly progress reports submitted to the Minister of TEATT pursuant to the 2020 reporting obligations. The association also asked for a clear explanation of why the mandate was renewed in 2020, what remained incomplete from the 2017 mandate, and what updated plan was established for completion.

ACP-SXM also requested all studies, reports, assessments and advisory documents produced under the 2020 mandate and submitted to the Minister.

Regarding current operations under Ministerial Decree No. 806/2026 and NV GEBE, ACP-SXM asked BTP SXM to confirm that it has formally initiated its supervisory mandate over NV GEBE following the entry into force of the decree on May 22, 2026. ACP-SXM requested a description of actions taken to date.

The association also asked BTP SXM to confirm whether formal contact has been made with NV GEBE’s management and Supervisory Board, including communication of BTP SXM’s supervisory role, the scope of its mandate, and reporting and information requirements.

ACP-SXM asked BTP SXM to state the level of cooperation received from NV GEBE, including whether the concession holder has been forthcoming with operational, technical, financial and tariff-related data required under the Electricity Concession Ordinance and the concession.

The organization further asked whether BTP SXM has developed a structured plan of approach for supervising NV GEBE, including fixed dates, measurable milestones and deliverables in four areas: tariff and pricing oversight, technical and operational compliance, NV GEBE’s multiannual plan under Articles 5 and 6 of the Electricity Concession, and renewable energy compliance under Article 14.

ACP-SXM also requested the anticipated timeline for BTP SXM to publish or communicate its first substantive supervisory findings regarding NV GEBE’s compliance with its concession obligations. The association is also asking how BTP SXM intends to ensure that the results of its supervisory activities are communicated transparently to both Parliament and the consuming public.

ACP-SXM said its position is clear: the nine-year gap between BTP SXM’s initial mandate in 2017 and the issuance of the operative supervisory decree in 2026, during which no independent regulatory framework was established and no substantive oversight of NV GEBE’s tariff practices or concession compliance was exercised, has caused demonstrable and continuing harm to consumers in St. Maarten.

The association said that during this period electricity tariffs were adjusted, including through the fuel clause mechanism, without the benefit of independent regulatory scrutiny. ACP-SXM pointed to its own analysis, including reference to the RAC/BTP tariff evaluation, which it said documents a consumer overcharge of approximately USD 6.9 million for the period 2022 to 2024 alone.

ACP-SXM said this is the direct consequence of the regulatory vacuum that BTP SXM was mandated, but failed, to fill.

Going forward, ACP-SXM said it expects several actions from BTP SXM under Ministerial Decree No. 806/2026. These include a plan of approach with fixed, publicly communicated deadlines for each phase of supervisory activity, and prioritization of tariff transparency, including independent verification of fuel clause adjustments and prior tariff determinations against concession and price regulation standards.

The association is also calling for timely enforcement of NV GEBE’s obligation to submit and have approved a multiannual plan under Articles 5 and 6 of the Electricity Concession, transparent communication of findings to Parliament and consumers, and a supervisory framework that protects both a financially viable GEBE and consumers from unjust tariffs.

ACP-SXM said these objectives are mutually reinforcing and must guide the supervisory agenda at the same time.

The association requested a comprehensive written response to all questions and information requests within ten working days of the June 18 letter. ACP-SXM said that if BTP SXM requires additional time or proposes a formal meeting or working session, the association welcomes such engagement and will make itself available.

ACP-SXM stressed that its request is being made in a spirit of constructive collaboration and institutional accountability. The organization said it is not seeking to be adversarial toward BTP SXM and recognizes that the bureau operates within constraints that may include resource limitations and political factors beyond its direct control.

However, ACP-SXM said BTP SXM must be transparent with consumers and with the association about what has been done, what remains to be done and when it will be done.

“Sint Maarten’s consumers have waited long enough,” ACP-SXM stated in the letter. The association said it looks forward to a timely and candid response.

The letter was signed by drs. Peggy-Ann Richardson, President and Chairperson of the Association for Consumer Protection St. Maarten.

The letter included as enclosures the Ministerial Decree of June 28, 2017 establishing the energy regulator mandate, the 2020 Ministerial Decree renewing that mandate, Ministerial Decree No. 806/2026 formally designating BTP SXM as supervisor, and the Verordening Elektriciteitsconcessies, AB 2013, GT no. 147.

Copies of the letter were sent to the Minister of TEATT, the Minister of VROMI, the Managing Board of NV GEBE, the Supervisory Board of NV GEBE, the Parliament of St. Maarten for information, and the Minister of General Affairs and Prime Minister for information.

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