Client Alert

| March 22, 2011

Breaking News – South African Regulator issues Consultation Paper on REFIT Tariffs

In a recent Client Alert, issued on March 18, 2011 and entitled "South Africa's REFIT Programme to Launch Imminently Following Finalisation of the 20-Year Electricity Plan", we noted that NERSA, the South African energy regulator, was expected to begin consultations on revised REFIT tariffs for South African renewable energy projects shortly. Such consultation was launched on March 22, 2011, with the publication by NERSA of a Consultation Paper for the Review of Renewable Energy Feed-in Tariffs (Consultation Paper).

The Consultation Paper relates to several aspects of the REFIT Programme, including the proposed qualifying principles, proposed eligibility criteria for REFIT projects (Projects), and revised REFIT tariffs. It is the latter element that is likely to give rise to the most discussion.

This memorandum is intended only as a general discussion of these issues. It is not considered to be legal advice. We would be pleased to provide additional details or advice about specific situations. For additional information on this important topic, please feel free to call upon your Dewey & LeBoeuf relationship partner. No part of this publication may be reproduced, in whole or in part, in any form, without our prior written consent. For further information on Dewey & LeBoeuf, please visit www.dl.com. +1 888 532 6383