"The ACO is currently studying specific rules for LMP1 (cars) which will be equipped with KERS. This regulation will meet the balance of performance between LMP1"
This is an extract from the 2008 'Sporting Regulations' as issued by the ACO.
What I believe this to mean is that if any vehicle fitted with KERS displays a significant performance benefit, regulations will be put in force to (somehow) slow it down again.
The ACO has a bit of a bee in it's bonnet about overall lap speeds (for safety reasons), and are taking steps to ensure that the lap times do NOT dip below 3min 30secs by bodywork and air restrictor mods, so anything else that is introduced to speed up a vehicle will be pounced on.
Del