What's in the ACP-SXM petition?

GREAT BAY--The Association for Consumer Protection St. Maarten, ACP-SXM, has submitted a formal petition to N.V. GEBE requesting corrective action and an urgent meeting with the company’s management regarding electricity and water services, billing practices, the fuel clause, disconnections and consumer protection.

The petition, dated June 15, 2026, was addressed to the Managing Board and Interim Director of N.V. GEBE, c/o Iris Arrindell. It was submitted on behalf of ACP-SXM by attorney-at-law Valya Pantophlet of DEJONG.

ACP-SXM describes itself in the petition as a newly established consumer advocacy organization dedicated to promoting and protecting the rights and interests of consumers and residents of St. Maarten. The association states that it instructed its legal representative to formally bring several concerns to GEBE’s attention and to request an urgent meeting with management.

According to the petition, ACP-SXM’s concerns arise from what it describes as a pattern of conduct and operational deficiencies that, in the association’s view, have materially and adversely affected consumers throughout St. Maarten.

The petition identifies recurring power outages and unreliable electricity services since February 2024 as one of its concerns. ACP-SXM states that these outages resulted in significant inconvenience and disruption to consumers, without any apparent compensation, credit or remedial mechanism being made available to affected customers.

The association also raises concerns about the continued application of fuel clause charges. According to the petition, the legal basis, calculation methodology and verification of the fuel clause have been publicly questioned.

ACP-SXM specifically refers to the recent retroactive application of a 25 percent increase in the fuel clause. It asks GEBE to immediately reverse what it describes as the unauthorized, unlawful and retroactively applied fuel clause increase.

Billing is another central issue in the petition. ACP-SXM cites concerns regarding the accuracy and reliability of both retroactive and current billing. It also refers to disconnections affecting consumers, particularly those who dispute the correctness of their accounts or outstanding balances.

The petition further raises concern about the absence of what ACP-SXM describes as adequate safeguards and protections for vulnerable consumers. These include low-income households, senior citizens, medically dependent persons, persons with disabilities and households with children.

ACP-SXM also points to what it describes as a lack of transparency in tariff-setting, billing practices and fuel clause calculations. The association says consumers may have been charged based on methodologies that have not been independently verified, while also facing service interruptions, collection measures and continuing uncertainty regarding the accuracy of billing records reconstructed after the 2022 cyberattack that affected GEBE’s systems.

The petition includes concerns regarding the integrity and accuracy of customer records following the 2022 cyberattack and subsequent data reconstruction efforts. ACP-SXM states that this issue is relevant to consumers who are expected to pay balances while questions remain about the reliability of reconstructed billing information.

ACP-SXM also refers to an apparent lack of cooperation with regulatory, supervisory and oversight authorities responsible for safeguarding the public interest. In the petition, the association states that timely access to information, independent verification and cooperation with oversight bodies are necessary to determine whether consumers are being charged fairly and lawfully.

The petition also includes a section titled “Potential violation of fundamental human rights.” In that section, ACP-SXM states that the issues it raises may give rise to infringements of fundamental human rights and the rights of children. The association states that access to reliable electricity and water services is connected to a dignified standard of living and to rights protected under domestic and international legal frameworks.

ACP-SXM refers to the Constitution of St. Maarten and states that public authorities have a continuing responsibility to promote public health, protect the welfare of the population and maintain a habitable country and living environment. The petition states that, as the sole provider of essential electricity and water services, GEBE plays a critical role in supporting those public-interest objectives.

The petition states that the recurring and, at times, prolonged power outages experienced across St. Maarten since February 2024 have had what ACP-SXM describes as a profound impact on residents and businesses. It refers to disruptions to daily life, interruptions to educational and economic activities, damage to household appliances and electronic equipment, and other financial hardship.

ACP-SXM further states that consumers lack a clear, transparent or accessible compensation mechanism through which affected customers may seek redress for losses resulting from service interruptions.

The association also refers to concerns about utility charges, retroactive fuel clause increases, disputed billing practices and findings indicating that consumers may have been overcharged by approximately USD 6.9 million through the application of fuel clause charges between 2022 and 2024.

According to the petition, these concerns raise questions regarding transparency, accountability and consumer protection, particularly where consumers are expected to pay disputed charges while also experiencing service interruptions.

ACP-SXM states that the impact of these issues is especially severe for vulnerable members of society, including children, elderly persons, persons with disabilities and individuals dependent on electricity-powered medical equipment.

The petition refers to the United Nations Convention on the Rights of the Child, to which the Kingdom of the Netherlands is a party, and states that children are entitled to special protection and to conditions necessary for their survival, development, health, education and overall well-being. ACP-SXM states that any policy or practice resulting in the loss of access to electricity or water for households with children may adversely affect these rights and therefore warrants particular scrutiny.

The association further states that disconnection of essential utility services, especially where based on disputed charges, inadequate procedural safeguards or billing practices that consumers are unable to independently verify, raises concerns regarding fairness, proportionality and the protection of fundamental rights.

ACP-SXM states that consumers should be afforded meaningful opportunities to review, verify and challenge disputed charges before being subjected to measures that may significantly affect their health, safety and living conditions.

The petition also refers to long-term reliability, affordability and sustainability of utility infrastructure, including delays in achieving renewable energy objectives and ensuring a resilient and dependable utility system for the future.

In a section titled “Lack of cooperation and transparency,” ACP-SXM states that it is deeply concerned by what it describes as a continuing lack of transparency and cooperation by N.V. GEBE in matters of significant public importance.

The association states that, as the sole provider of electricity and water services in St. Maarten, GEBE occupies a unique public position and bears a corresponding responsibility to operate in an open, accountable and transparent manner.

The petition states that various reports and public statements suggest that requests for information, regulatory inquiries and independent reviews relating to tariffs, billing practices, the fuel clause and the aftermath of the 2022 cyberattack have not always been met with the level of cooperation expected by consumers and regulators.

ACP-SXM states that an apparent reluctance to provide timely access to information, permit independent verification or fully engage with oversight bodies undermines public confidence, impedes effective regulation and frustrates efforts to determine whether consumers are being charged fairly and lawfully.

The petition also references a report titled “Evaluation electricity and potable water tariffs St. Maarten,” described in the petition as a non-confidential version dated August 7, 2025. The petition states that the report was conducted by the Regulatory Authority Curaçao and commissioned through the Bureau Telecommunication and Post St. Maarten.

ACP-SXM’s formal demands to GEBE are listed as follows:

1. Immediately reverse the unauthorized, unlawful and retroactively applied fuel clause increase;
2. Immediately suspend residential utility disconnections and reconnect affected households;
3. Provide full transparency concerning tariff methodologies and billing practices, including disclosure of the basis upon which current tariffs and fuel clause charges are calculated and confirmation of any independent review, verification or regulatory oversight applied to them;
4. Commission an independent audit or review of consumer billing practices for the period affected by the cyberattack and subsequent data reconstruction efforts;
5. Develop and publish a customer service policy covering electricity and water service delivery, billing, disconnections, new connections, payment plans and procedures for disputing bills;
6. Develop and publish a restitution mechanism to compensate consumers for any amounts improperly or excessively charged and collected;
7. Adopt and implement a formal vulnerable-customer protection policy that provides specific safeguards for low-income households, senior citizens, medically dependent persons, persons with disabilities and households with children;
8. Cooperate fully with all competent regulatory, supervisory and oversight bodies, including the timely provision of information and documentation relating to tariffs, billing, governance, service reliability and regulatory compliance;
9. Publish a clear infrastructure and service reliability plan outlining immediate, short-term and medium-term measures designed to improve the continuity and reliability of electricity and water services.

ACP-SXM is requesting a meeting with GEBE’s Managing Board, or in the absence of the board, the Temporary or Interim Director, together with relevant representatives of N.V. GEBE. The association requests that the meeting be held within seven business days of receipt of the petition.

According to ACP-SXM, the purpose of the meeting is to discuss the matters raised in the petition, review measures already taken or proposed by GEBE, assess GEBE’s willingness to implement corrective measures and agree on a framework for structured dialogue with realistic timelines.

The petition further requests that GEBE designate an appropriate point of contact and provide written confirmation of the proposed meeting date, time and attendees no later than close of business on Wednesday, June 18, 2026.

ACP-SXM states that it remains committed to constructive dialogue and hopes the concerns can be addressed cooperatively and without the need for further intervention.

The petition also states that if GEBE fails to engage meaningfully, declines to meet or fails to demonstrate a genuine commitment to corrective action, ACP-SXM reserves its rights to pursue available remedies under the law. The petition lists possible remedies as regulatory, administrative, judicial and other public-interest proceedings deemed necessary to protect consumers and residents of St. Maarten.

The petition was signed by attorney-at-law Valya Pantophlet, LL.M., on behalf of ACP-SXM.

It can be downloaded below.

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