Heyliger-Marten moves to end unilateral GEBE tariff decisions, BTP to get full supervisory authority

GREAT BAY--Minister of Tourism, Economic Affairs, Traffic and Telecommunication Grisha Heyliger-Marten has finalized a joint Ministerial Decree that will designate the Bureau of Telecommunication and Post as the legally mandated supervisor of GEBE under the Electricity Concession Ordinance, a move aimed at strengthening oversight, protecting consumers and ending tariff decisions made without proper review.

The decree has already been signed by the Minister of TEATT and has been transmitted for co-signature by the Minister of VROMI. Once co-signed, it will be published and take immediate effect.

Minister Heyliger-Marten said the decree activates a supervisory mechanism that has existed in law since its establishment but was never implemented. She described the measure as a critical step toward protecting both residents and businesses from unclear, unsupported or unilateral tariff decisions.

“This decree activates a supervisory mechanism that has existed in law since its establishment but was never implemented,” Minister Heyliger-Marten said. “It is a critical step toward protecting consumers, both residents and businesses.”

Once in force, the decree will empower BTP to request and verify all operational and financial data from GEBE, review tariff structures, methodologies and fuel clause calculations, conduct inspections, audits and technical assessments, monitor compliance with all concession obligations, and oversee renewable energy obligations under Article 14 of the Concession.

The Minister confirmed that BTP has already been instructed that, once the decree takes effect, it must immediately investigate the basis, timing and legality of GEBE’s recent fuel clause increase.

Minister Heyliger-Marten expressed alarm and strong condemnation over GEBE’s recent fuel clause increase of approximately 10 cents, which has already appeared on electricity bills for the April consumption period. This occurred despite GEBE’s public statement that the increase would take effect in May.

“Consumers are already under tremendous financial pressure,” the Minister stated. “To announce that a new rate will take effect in May, but then quietly apply it to April bills is unacceptable, misleading and a breach of public trust. The public deserves clarity, not confusion. This is not how GEBE’s management should treat the people of St. Maarten.”

She emphasized that under the Electricity Concession and the Electricity Concession Ordinance, no tariff component, including the fuel clause, may be adjusted without proper justification, supporting data, and Government review and approval.

“These safeguards exist to protect consumers,” she said. “They were not respected, and that failure lies squarely with GEBE’s management.”

According to the Minister, the recent fuel clause issue follows a series of challenges at GEBE over the past years, including prolonged billing disruptions, governance instability, and repeated public concerns about transparency and service reliability.

Those concerns were also highlighted in the 2025 evaluation conducted by the Regulatory Authority of Curaçao in collaboration with BTP. That evaluation identified gaps in data reporting, maintenance planning and tariff methodology.

“Taken together, these events show why independent oversight is not an option, it is urgently necessary,” Minister Heyliger-Marten said. “GEBE has to be transparent, accountable and stable, because that is what the people deserve. The current pattern of decision-making is simply not acceptable.”

The Minister also noted that GEBE has not complied with Government’s formal request to submit a complete tariff structure proposal, despite repeated reminders.

“The most responsible way to set tariffs is through verified, cost-based information,” she said. “Only GEBE has full insight into its operational costs. Government cannot lawfully approve or adjust tariffs without receiving and validating that information.”

Because GEBE has failed to submit the required tariff structure, BTP will now begin the process of independently reviewing and reconstructing the tariff methodology to ensure fairness, legality and consumer protection.

Minister Heyliger-Marten also acknowledged the ongoing efforts of the Prime Minister to stabilize GEBE’s governance and strengthen corporate oversight.

“The Prime Minister has taken important steps to stabilize the company and reinforce internal controls,” she said. “This decree complements those efforts by ensuring that the regulatory side is equally strengthened.”

The Minister stressed that the decree is ultimately about protecting the people of St. Maarten and ensuring that no tariff adjustment, whether related to the fuel clause or any other component, is implemented again without transparency and proper justification.

“This is done to protect the people of St. Maarten, ensuring that no tariff adjustment, fuel clause or otherwise is ever implemented again without transparency and proper justification,” Minister Heyliger-Marten said. “The days of unilateral decisions by GEBE’s management without oversight are coming to an end.”

Once the decree takes effect, BTP will have full legal authority to intervene, verify data, review tariff calculations and ensure that future decisions are fair, transparent and based on verified information.

“I ask the public for patience as we move swiftly to correct these issues and protect consumers of GEBE,” the Minister said.

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