Heyliger-Marten: Govt is acting immediately, GEBE must open its books before lawful relief can follow

GREAT BAY--Minister of Tourism, Economic Affairs, Transport and Telecommunication Grisha Heyliger-Marten says government understands that the people of St. Maarten are struggling with the high cost of living, rising electricity bills and low public confidence in GEBE. It is for that reason, she said, that government is moving to immediately activate formal legal supervision of GEBE through Bureau Telecommunications and Post, BTP.

The Minister said she and the Minister of VROMI have signed a ministerial decree formally designating BTP as supervisor under the Electricity Concession Ordinance. The decree is currently with Legal Affairs for publication and will take effect immediately upon publication.

Once published, BTP will no longer merely provide technical assistance, as it did previously. BTP will have full supervisory powers under Articles 20 and 21 of the Electricity Concession Ordinance. This means BTP will have the legal authority to demand information from GEBE, conduct inspections, audit operational and financial data, review tariff calculations, verify the fuel clause methodology, assess compliance with concession obligations, report directly to the Ministers, and trigger enforcement measures under the law.

“What this means for the public is simple. For the first time, an independent authority will have the legal power to verify GEBE’s numbers,” Minister Heyliger-Marten said.

The Minister said the action is necessary because government cannot make proper decisions on electricity tariffs, fuel clause adjustments or possible relief measures without verified data. She stressed that sudden, overnight relief cannot responsibly happen without government first understanding GEBE’s true financial position, the basis for its fuel clause, its tariff calculations, its operational costs and its compliance with the concession.

“I know people are struggling. I know the cost of living is high, and I know trust in GEBE is low. That is precisely why government is acting,” the Minister said.

According to Minister Heyliger-Marten, the problem is not a lack of concern from government, but the absence of verified information needed to take lawful and financially responsible action. She said when BTP and RAC previously requested information from GEBE, the company was not forthcoming with all the information needed. As a result, the evaluation report contained major gaps, making it difficult for government to make a clear decision.

The Minister explained that in January 2025, government formally mandated BTP to conduct an independent review of GEBE’s tariff structure. BTP, with support from RAC, completed an evaluation report that identified significant gaps in GEBE’s data, tariff methodology, maintenance planning and cost transparency. The report also found that the fuel clause formula could not be independently validated because the required information was not provided.

“This is why we cannot simply guess. Government cannot invent a tariff. Government cannot guess a tariff. Tariffs must be based on actual investments, operational costs and the financial realities of the concession holder,” Minister Heyliger-Marten said.

She said the law requires tariffs to be cost-oriented. That means tariffs must be based on verified cost data and must strike a balance between consumer protection and the long-term viability of GEBE as the electricity company responsible for reliable power supply.

The Minister also explained that government has taken several steps since 2025 to address governance concerns at GEBE. In August 2025, government requested the resignation of the former Supervisory Board due to governance concerns. In February 2026, a new Supervisory Board was installed to help stabilize governance.

At that time, Minister Heyliger-Marten said she requested that GEBE management demonstrate compliance with the concession and submit a proposed tariff structure for review and validation. By March 2026, GEBE responded, but the response revealed significant areas of non-compliance. The requested tariff proposal was not submitted. Instead, GEBE indicated that a draft had been sent to the Supervisory Board for review and would be forwarded to government once approved.

“To date, the proposal has not been received,” the Minister said.

The Minister said this lack of compliance is exactly why formal supervision is now being activated. She emphasized that the decree gives BTP the legal authority required to obtain information, verify data and enforce compliance.

She also addressed the proposal submitted by MP Omar Ottley in November 2025, which sought to place electricity costs and fuel pricing under government control through a draft ministerial regulation. Minister Heyliger-Marten said she acknowledges MP Ottley’s initiative and recognizes that it reflects a concern shared by government, namely that the people of St. Maarten deserve transparency and relief.

However, she said the legal route must be correct. The Electricity Concession Ordinance is clear that tariffs must be established by national decree containing general measures, known as an LBHAM, and not by ministerial regulation. She also stressed that tariffs must be grounded in verified cost data.

“The people deserve transparency and relief, but we have to do this the right way. We must follow the law,” the Minister said.

Minister Heyliger-Marten also warned that non-compliance with the supervisory process will carry consequences. Under Article 29 of the Electricity Concession Ordinance, anyone who violates the concession or obstructs the supervisor commits an offense. The law provides for fines and imprisonment.

“These are real consequences and they will be enforced if necessary,” the Minister said.

Moving forward, requests for information must be complied with, oversight mechanisms will be enforced, and all operations must function within the framework of the concession and the law.

The Minister also highlighted another major obligation under GEBE’s concession: renewable energy. She said Article 14 of the concession requires GEBE to increase the share of renewable energy in its generation mix, but this has not happened.

With BTP formally designated as supervisor, renewable energy compliance will no longer be optional. It will be monitored and enforced. Failure to comply will be treated as a violation of the concession.

“St. Maarten cannot continue depending 100 percent on imported fuel. We must transition, and now we have the mechanism to ensure that transition begins,” Minister Heyliger-Marten said.

Responding to questions about whether residents can expect immediate relief on their GEBE bills, particularly as fuel clauses rise, the Minister said government has made several attempts to obtain the information needed to understand GEBE’s financial position. This latest step, she said, is the third attempt and is intended to enforce access to the data required for proper decision-making.

She explained that government cannot responsibly reduce or challenge charges without first being able to verify whether the charges are justified, whether the fuel clause is being calculated properly, and whether GEBE’s numbers are accurate. That is why the formal designation of BTP as supervisor is an immediate step, even if the relief itself cannot be applied overnight.

“The public wants relief, and government understands that. But relief must be lawful, responsible and based on facts. Without verified information, any decision risks being challenged, delayed or made without a proper basis,” the Minister said.

Minister Heyliger-Marten said this is the first time since the Electricity Concession Ordinance came into force in 2010 that the supervisory mechanism established by law is being fully activated.

She said government’s goal is to secure fairer prices, better accountability and stronger oversight from the institutions people depend on, while ensuring that decisions are made within the law.

“This work may not always be quick. It may not always be easy. But it is necessary,” Minister Heyliger-Marten said. “The people of St. Maarten deserve fairer prices, greater accountability and a government that follows the law while putting their interests first.”

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