~Has until Dec. 8~
PHILIPSBURG--NV GEBE has until December 8, 2026, to submit its written response to a court petition filed by the Association for Consumer Protection St. Maarten (ACP-SXM), after the utility company requested an extension.
ACP-SXM said in an update posted on its Facebook page on Thursday that Attorney-at-law Zylena Bary of Bary and Associates is now representing GEBE in the case and has requested additional time to prepare and submit the company's rebuttal.
ACP-SXM filed the petition on September 15, challenging the legal basis of GEBE's Fuel Clause and the company's handling of disputed customer balances. The case was listed on the Court of First Instance's docket for November 10. That date was for GEBE to submit its initial written defence, not for a substantive hearing.
The association expects the case to proceed to a substantive hearing in 2027. ACP-SXM is asking the court to confirm that GEBE's Fuel Clause must have a lawful basis, that the company must provide clear written evidence to substantiate disputed customer balances, and that households should not be disconnected over balances they have not been given a fair opportunity to verify.
The association has stressed in the past that it is not asking for free utilities, for the court to set tariffs or for legitimate debts to be forgiven. As ACP-SXM President Peggy-Ann Richardson previously stated, “What we are asking is simple: that NV GEBE prove its numbers.”
One of the main issues concerns the Fuel Clause, which customers pay monthly in addition to the base electricity rate. ACP-SXM wants the court to determine whether the charge has a lawful basis.
The association has previously referred to an independent report commissioned by the Government, which found that the Fuel Clause formula could not be validated and identified a surplus of approximately Cg. 12.6 million collected from consumers. ACP-SXM has questioned where the money went and whether it was lawfully collected.
The second issue concerns old balances disputed by customers, particularly those dating back to the 2022 cyberattack, when GEBE's systems and records were compromised for months. ACP-SXM wants customers to receive clear, written and verifiable information within a reasonable time when they dispute an old balance.
The third issue concerns disconnections. The association is asking that households not have their electricity or water disconnected over disputed balances that they have not had a fair opportunity to verify.
Before filing the court petition, ACP-SXM attempted to resolve the issues directly with GEBE. The association submitted a written petition containing nine demands in June and met with the company more than once in an effort to reach an agreement.
Those discussions briefly resulted in a pause in disconnections. However, GEBE ended further discussions with the association on June 30.
